Moose Creek, Inc. v. Abercrombie & Fitch Co.

Good Law
331 F. Supp. 2d 1214·2004 WL 1874873·73 U.S.P.Q. 2d (BNA) 1287·2004 U.S. Dist. LEXIS 17115
United States District Court, Central District of CaliforniaAugust 9, 2004CV 04-2894 AHMCalifornia8,745 words

Opinion

Opinion

Matz, J.

ORDER DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION.

This matter is before the Court on Plaintiffs’ motion for a preliminary injunction. For the reasons that follow, the Court denies the motion.

INTRODUCTION

Plaintiffs are Moose Creek, Inc. and Juno of California. Juno of California (“Juno”) is a California partnership, organized in 1975. Its three partners are Wilbur Nussbaum, Norman Kaplan and Richard Bernstein. Since 1989, Juno has operated as a wholesaler, manufacturing and selling a clothing line under the brand name “Moose Creek” to retailers worldwide. In 1989, Juno’s Moose Creek clothing line was limited to flannel and denim shirts. By 1991, however, Juno expanded its Moose Creek clothing line to include jackets, shirts, shorts, vests, pants, hats and sweaters.

In 1989, Juno designed and adopted a logo to promote its clothing line and to serve as a source identifier. This logo depicts a realistic-looking moose, over which the words “Moose Creek” are written, and under which the words “Juno of California” are written in slightly smaller font. Nussbaum Decl., Exh. 2. As described below, over the years, Plaintiffs have used many variations of this logo.

In…

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