Arcona, Inc. v. Farmacy Beauty, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 11 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ARCONA, INC., a California corporation, No. 21-55678

Plaintiff-Appellant, D.C. No. 2:17-cv-07058-ODW-JPR v.

FARMACY BEAUTY, LLC, a New Jersey MEMORANDUM* limited liability company; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Otis D. Wright II, District Judge, Presiding

Submitted May 9, 2022** San Francisco, California

Before: LEE and BUMATAY, Circuit Judges, and MOLLOY,*** District Judge.

Arcona, Inc. sued Farmacy Beauty for counterfeiting its eye cream based on

the use of the trademarked term “EYE DEW” on its skincare products. The district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Donald W. Molloy, United States District Judge for the District of Montana, sitting…