His & Her Corp. v. Shake-N-Go Fashion, Inc.

MEMORANDUM

Plaintiff appeals the district court’s grant of summary judgment in favor of Defendants holding that Plaintiffs registered trademark was generic. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.

In resolving summary judgment motions, a court must not weigh the evidence, make credibility determinations, or draw, inferences from the facts adverse to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986) (“Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge, whether he is ruling on a motion for summary judgment or for a directed verdict.”). Given that standard, the district court erred, for example, by “discounting] somewhat the probative value” of Plaintiffs consumer and wholesaler declarations, and by discrediting the testimony of Edward Tony Lloneau. See KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 408 F.3d 596, 604 (9th Cir.2005); Entrepreneur Media, Inc. v. Smith, 279 F.3d 1135, 1149 (9th Cir.2002) (“[O]f course, it is for the trier-of-fact, not the court deciding whether to grant…