Case: Trademarks/Procedure (9th Cir.)

The Ninth Circuit affirmed the decision of a federal district court in Washington denying a default judgment against Foxy Lady Inc. in Gulliver’s Tavern Inc.'s action for trademark infringement, unfair competition, and related claims. According to the appeals court, the district court didn’t clearly err in finding that the marks weren’t sufficiently similar, in finding that the proximity of the goods factor in the likelihood of confusion test weighed in favor of the defendant, in finding that Gulliver’s Tavern’s mark was presumptively weak, in its application of the likelihood of confusion factors, or in denying Gulliver’s Tavern’s motions for default ...