United States Ninth Circuit

In a trademark dispute, the district court's ruling, that plaintiff-Mexican grocery store has a protectible right to use its mark in Southern California, is remanded to determine whether "a substantial percentage of consumers in the relevant American market is familiar with the foreign mark."

Appellate Information

• Argued 05/06/2002
• Decided 12/15/2004
• Published 12/15/2004

Judges

• Before: KLEINFELD and GRABER, Circuit Judges, and COLLINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Randy M. McElvain, Weston & McElvain, Los Angeles, CA, for the appellants.


• For Appellees:
  
• Matthew A. Hodel, Paul, Hastings, Janofsky & Walker LLP, Costa Mesa, CA, for the appellees.