United States Ninth Circuit
One Indus., LLC v. Jim O'Neal Distributing, Inc., 08-55316
In an action seeking a declaration that plaintiff's logo did not infringe defendant's trademark, summary judgment for plaintiff is affirmed where 1) the material differences between the marks at issue indicated that the case did not present an "exceptional" instance in which tacking should be permitted; and 2) the marks were visually dissimilar.
Appellate Information
- Argued 05/04/2009
- Decided 08/24/2009
- Published 08/24/2009
Judges
- Before: JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- R. Joseph Trojan, Trojan Law Offices, Beverly Hills, CA, argued the cause for Jim O'Neal Distributing, Inc., and filed the briefs., Jonathan Hangartner, X-Patents, APC, La Jolla, CA, argued the cause for One Industries, LLC, Marc Blanchard, and Ludovic Boinnard and filed the brief.