United States Ninth Circuit

In a trademark dispute, a summary judgment determination of abandonment and trademark cancellation was not appropriate when the record supported an inference that the trademark holder, a small, troubled business, continued to transport and sell trademarked goods in the ordinary course of trade as part of a good faith effort to deplete inventory.

Appellate Information

• Argued 04/04/2006
• Decided 08/14/2006
• Published 08/14/2006

Judges

• McKEOWN, Circuit Judge., Before SIDNEY R. THOMAS, M. MARGARET McKEOWN, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Larry C. Russ and Clark D. Gross, Russ, August & Kabat, Los Angeles, CA, for Electro Source, LLC., Gregory B. Wood, Fulbright & Jaworski, LLP, Los Angeles, CA, for Brandess-Kalt-Aetna Group, Inc. and Pelican Products, Inc.