Agustin Ramirez v. Mario Sotelo

MEMORANDUM

Mario Sotelo appeals the district court’s issuance of a preliminary injunction prohibiting him from using the name “Los Caminantes” or any similar form of the name. Sotelo argues that he was a partner in the band known as Los Caminantes pursuant to California law and that plaintiff Agustín Ramirez holds the trademark in constructive trust for the former partnership. We review a district court’s grant of a preliminary injunction for abuse of discretion. Herb Reed Enters. LLC v. Florida Entm’t Mgmt., Inc., 736 F.3d 1239, 1247 (9th Cir.2013). The district court must support a preliminary injunction with findings of fact, which we review for clear error. Perfect 10, Inc. v. Amazon.com Inc., 508 F.3d 1146, 1157 (9th Cir.2007). We review a district court’s conclusions of law de novo. Id.

. Because Sotelo did not offer any evidence beyond his declaration to show that he was a partner in Los Caminantes, see Weiner v. Fleischman, 54 Cal.3d 476 , 286 Cal.Rptr. 40 , 816 P.2d 892, 897 (1991), and Ramirez offered evidence to the contrary, the district court properly concluded that Ramirez demonstrated a likelihood of success on the merits. Moreover, the district court did not…