United States Ninth Circuit

In a dispute between competitors in the retail grocery industry over the ownership and use of the LUCKY mark, a preliminary injunction granted in favor of Albertson's is affirmed where: 1) the district court did not abuse its discretion in concluding that Albertson's demonstrated a strong likelihood of prevailing on the merits of its trademark infringement claim and the possibility of irreparable injury in the absence of a preliminary injunction; and 2) nor did it abuse its discretion in concluding that plaintiff did not establish its defense of abandonment.

Appellate Information

• Argued 02/13/2007
• Decided 08/09/2007
• Published 08/09/2007

Judges

• Before:  J. CLIFFORD WALLACE, D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter W. Craigie, Kristen E. Drake, Craigie, McCarthy & Clow, San Francisco, CA, and Louis T. Pirkey, Susan J. Hightower, Pirkey Barber, LLP, Austin, TX, for the plaintiff-appellant.


• For Appellees:
  
• Robert A. Weikert, Veronica Colby Devitt, John A. Chatowski, Marlene J. Williams, Thelen Reid & Priest, LLP, San Francisco, CA, for the defendants-appellees.