Quiksilver, Inc. v. Kymsta Corp.

MEMORANDUM

Defendant-appellant Kymsta Corp., a clothing manufacturer and wholesaler, appeals the issuance of a permanent injunction requiring the complete phase-out of its use of the name “Roxywear.” As the facts and procedural history are familiar to the parties and described by the courts, see, e.g., Quiksilver, Inc. v. Kymsta Corp., 466 F.3d 749, 751-55 (9th Cir.2006), we do not recite them here except as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM, but modify the scope of the injunction.

I. Resubmission With Supplemental Instructions

Kymsta argues the district court erred in resubmitting an initial special verdict with supplemental instructions. We review such a decision for abuse of discretion. Duk v. MGM Grand Hotel, Inc., 320 F.3d 1052, 1056-57, 1058 (9th Cir.2003) (explaining, “resubmitting an inconsistent verdict best comports with the fair and efficient administration of justice”).

In this case, the district court properly resubmitted the verdict due to a potential inconsistency in the jury’s responses — the jury found a likelihood of confusion for trademark infringement, but not for false designation of…