Seattle Trademark Lawyer

On December 8, the Ninth Circuit affirmed the Central District of California’s denial of Illektron, LLC’s motion for preliminary injunction to enjoin Playmates Toys, Inc. from using the trademark BATTLE DICE in connection with its children’s game. In July, the Central District found that Illektron was not likely to prove at trial that Playmates’ use of BATTLE DICE in its “Marvel Heroes Battle Dice Fast Action Collectible Figure Game” infringed Illektron’s BATTLEZ trademark used in its BATTLEZ collectable card and dice games. In an unpublished decision, the Ninth Circuit concluded that the Central District had correctly identified the legal standards for likelihood of confusion, balance of hardships, and the possibility of irreparable injury and, therefore, did not rely on an erroneous legal premise or abuse its discretion in denying the motion.