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No Brief? No Problem! Appellee Wins Trademark Dispute without Filing a Brief

In the interests of completeness, I’d wanted to write about the Ninth Circuit’s recent trademark decision in Egg Works, Inc. v. Egg World, LLC.

But what was there to say?

In affirming the district court’s denial of the plaintiff’s motion for a preliminary injunction, the Ninth Circuit seemed to say it all:

“The district court correctly identified the legal standard for likelihood of confusion of a trademark, its findings were not clearly erroneous, and the district court did not clearly err in finding no likelihood of confusion concerning appellants’ trademark. We conclude that the district court did not abuse its discretion in concluding that appellants failed to meet the requirements to merit preliminary injunctive relief. Accordingly, we affirm the district court’s denial of appellants’ motion for a preliminary injunction.”

But there’s more. Las Vegas Trademark Law Blogger Ryan Gile fills in the interesting back story, which involves a dispute between two Las Vegas breakfast restaurants.

It’s also noteworthy that, as Ryan points out, the appellee won its appeal and didn’t even file a brief. Now that’s confidence! Or indifference. Or something.

The case cite is Egg Works, Inc. v. Egg World LLC, 2011 WL 1585846, No. 10–17534 (9th Cir. April 20, 2011).

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