United States Ninth Circuit

In this trademark infringement action, the district court's order denying plaintiff's motion for preliminary injunction against defendant to stop defendant from using the word "pom" on its energy drink is reversed and remanded, where: 1) the district court abused its discretion in finding that plaintiff was unlikely to demonstrate a likelihood of consumer confusion and thus unlikely to succeed on the merits of its claim; and 2) because the district court's decision to deny the motion for preliminary injunction was tainted by its mistaken likelihood-of-success determination, the case is remanded with instructions that the district court consider whether plaintiff met its burden of proving the other elements for a preliminary injunction.

Appellate Information

• Decided 12/30/2014
• Published 12/30/2014

Judges

• Ebel

Court

• United States Ninth Circuit

Counsel