Russell Road Food and Beverage v. Michael Galam

MEMORANDUM

Russell Road Food and Beverage, LLC (Russell Road) appeals from an order vacating a preliminary injunction precluding Michael Galam and the other appellees (collectively “appellees”) from using the trademark Crazy Horse Too. We have jurisdiction under 28 U.S.C. § 1292 (a)(1).

The district court had the authority to hear the motion because the district court complied with the procedure outlined in Rule 62.1 of the Federal Rules of Civil Procedure and Rule 12.1 of the Federal Rules of Appellate Procedure, as well as with our order granting appellees’ motion for a limited remand. The district court did not clearly err in holding that appel-lees’ submission of The Power Company’s guaranty and corporate resolution provided a basis for reconsidering or modifying its previous order, whether the motion is construed as one under Rule 54(b) or Rule 59(e) of the Federal Rules of Civil Procedure. See A & M Records, Inc. v. Napster, Inc., 284 F.3d 1091 , 1098 (9th Cir.2002); Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877 , 890 (9th Cir.2000).

The district court erred in holding that The Power Company’s guaranty ■ proved that its Crazy Horse Too trademark was included in the…