Case: Trademarks/Procedure (9th Cir.)

The Ninth Circuit reversed and remanded the decision of a federal district court in California granting Trader Joe’s United’s motion to dismiss Trader Joe’s Company’s action for trademark infringement, unfair competition, false association, false designation of origin, and trademark dilution relating to the sale of infringing “Trader Joe’s” products. According to the appeals court, the district court erred when applying the likelihood of confusion test, by dismissing Trader Joe’s dilution claim, and by prematurely concluding that the Norris-LaGuardia Act barred it from granting injunctive relief.