Ak Futures LLC v. Boyd Street Distro, LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AK FUTURES LLC, No. 21-56133 Plaintiff-Appellee, D.C. No. v. 8:21-cv-01027-

JVS-ADS

BOYD STREET DISTRO, LLC, a California limited liability company, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted March 18, 2022 Las Vegas, Nevada

Filed May 19, 2022

Before: Andrew J. Kleinfeld, D. Michael Fisher,* and Mark J. Bennett, Circuit Judges.

Opinion by Judge Fisher

* The Honorable D. Michael Fisher, United States Circuit Judge for the U.S. Court of Appeals for the Third Circuit, sitting by designation. SUMMARY **

Trademark Infringement / Preliminary Injunction

The panel affirmed the district court’s grant of a preliminary injunction in favor of AK Futures LLC, a manufacturer of e-cigarette and vaping products, in a copyright and trademark infringement action in which AK Futures alleges that Boyd Street Distro, LLC, has been selling counterfeit versions of AK Futures’ “Cake”-branded…