United States Ninth Circuit

Judgment for plaintiff, which owns trademarks that it uses to sell and license products related to deceased rock legend Jimi Hendrix, in an action alleging that defendants were licensing merchandise that infringed plaintiff's trademarks, is: 1) affirmed in part, where defendant's use of "Hendrix" in its domain names infringed plaintiff's mark "Hendrix"; 2) vacated in part and remanded, as to the permanent injunction entered in plaintiff's favor, so that the district court could revise language in the injunction to clarify what conduct is and is not enjoined; 3) reversed in part, as to the district court's decision to strike most of the jury's award of damages; 4) affirmed in part, as to the order granting a new trial on damages; and 5) vacated in part and remanded, as to the district court’s award of attorney's fees under Washington’s Consumer Protection Act. On defendant's declaratory relief action, the district court erred in concluding that the Washington’s Personality Rights Act is unconstitutional.

Appellate Information

• Decided 01/29/2014
• Published 01/29/2014

Judges

• EBEL

Court

• United States Ninth Circuit

Counsel