United States Ninth Circuit

Denial of Abercrombie & Fitch's motion for a preliminary injunction to enjoin defendant from using newly designed moose marks pending the resolution of Abercrombie's trademark infringement suit is vacated and remanded for reconsideration where: 1) the district court abused its discretion in applying judicial estoppel to Abercrombie's arguments regarding certain factors relevant to determining the likelihood of confusion between related goods, as well as the issue of post-purchase confusion; and 2) a finding that the marks at issue were more different than similar was clearly erroneous.

Appellate Information

• Argued 04/17/2007
• Decided 05/22/2007
• Published 05/22/2007

Judges

• FARRIS, Circuit Judge., Before:  JEROME FARRIS and RONALD M. GOULD, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William Bradford Reynolds (argued), John G. Froemming& Jessica Bradley, Howrey LLP, Washington, DC, Bobby Ghajar, Howrey LLP, Los Angeles, CA, for the appellants.


• For Appellees:
  
• Timothy J. Toohey (argued), Daniel C. Tepstein, Hunton & Williams, LLP, Los Angeles, CA, for the appellees.