On August 3, the Western District granted Wash.-based shoe makers Topline Corp.’s and Report Footwear, Inc.’s motion for preliminary injunction against women’s 4273371 Canada, Inc., and Modextil, Inc., enjoining defendants’ use of REPORT COLLECTION as a trademark in connection with the advertising and sale of women’s clothing. In doing so, the court found plaintiffs were likely to succeed on the merits of their infringement claim against defendants based on Topline’s registered REPORT trademarks for footwear.
The case is not terribly remarkable for any particular trademark issue but the 21-page decision, filed August 13, is noteworthy for its detailed analysis of the Ninth Circuit’s test for likelihood of confusion under AMF, Inc. v. Sleekcraft Boats, 599, F.2d 341 (9th Cir. 1979), and for its discussion of the standard for granting preliminary injunctions. Judge Thomas Zilly, who decided the motion, also required Topline to post a $1 million bond.
The case cite is Topline Corp. v. 4273371 Canada, Inc., No. 07-938 (W.D. Wash.).