Hermanos

Guess ?, Inc. v. Hermanos

Good Law
993 F. Supp. 1277·1997 WL 836499·45 U.S.P.Q. 2d (BNA) 1179·1997 U.S. Dist. LEXIS 21581
United States District Court, Central District of CaliforniaNovember 25, 1997CV-97-6336-KMW (CWx)California5,292 words

Opinion

Opinion

Law, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

The Court has considered Plaintiff Guess ?, Inc.’s (“Guess”) Motion for Preliminary Injunction. Having considered all of the papers filed in support of and in opposition to this motion, the oral argument of counsel, and all evidentiary materials submitted by the parties, the Court is prepared to rule and hereby GRANTS Plaintiffs motion for preliminary injunction.

I. BACKGROUND

A. Factual Background

Plaintiff has designed, manufactured, and marketed denim jeans and other apparel since 1981. In 1984, Plaintiff registered the term “Guess?” inscribed within an inverted white triangle with a red border in the U.S. Patent and Trademark Office on March 27, 1984, Registration No. 1,271,896 . Plaintiff also registered the symbol “?” inscribed within the same red-edged inverted triangle on April 6, 1993, Registration No. 1,762,986 . Plaintiff further registered a red-bordered inverted white triangle on the Supplemental Register in the PTO on June 16,1992, Registration No. 1,695,617 (copies and depictions of all federal trademarks attached to Martinez Decl. at Ex’s 1-4).

The inverted triangle logo is used on Plaintiffs jeans,…

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