Lifewatch

MEMORANDUM

Plaintiff-Appellee Life Alert and Defendant-Appellant LifeWatch are both in the business of selling medical alert devices and monitoring services. When Life Alert discovered that telemarketers acting on behalf of LifeWatch were using Life Alert’s trademarked slogans, including “Help, I’ve Fallen and I Can’t Get Up,” Life Alert brought suit under the Lanham Act, 15 U.S.C. §§ 1051-1127 . The district court preliminarily enjoined LifeWatch from using Life Alert’s trademarks, affiliating its products with Life Alert, and working with or buying customer accounts from anyone LifeWatch knows “or after a reasonable inquiry should know” is using Life Alert’s trademarks. LifeWatch appeals the district court’s decision to issue the injunction and challenges the scope of the injunction. We review for abuse of discretion, Herb Reed Enters. v. Florida Entm’t Mgmt., 736 F.3d 1239, 1247 (9th Cir.2013), and we affirm.

LifeWatch levels three attacks on the district court’s decision. It argues that (1) there is no evidence to support the district court’s finding that Life Alert is likely to succeed on the merits of its trademark infringement claim; (2) Life Alert has not suffered…