Perfumania, Inc. v. Perfumay, Inc.

24 F.3d 248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. PERFUMANIA, INC., Plaintiff-Appellant, v. PERFUMAY, INC., et al., Defendants-Appellees. No. 93-56500. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1994. Decided May 3, 1994. Before: WALLACE, Chief Judge, and FARRIS and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Perfumania Inc. appeals the district court's denial of its motion for a preliminary injunction in its service mark infringement action against Perfumay, Inc., Perfumay Arizona Corp., and Julie Joubert Corp. We have jurisdiction over defendant's timely interlocutory appeal pursuant to 28 U.S.C. Sec. 1292 (a)(1). We remand. I. 3 Both Perfumania and Perfumay own and operate chains of retain perfume shops. Perfumania opened its first retail shop in 1987 in Miami, Florida. There are currently more than 147 Perfumania shops nationwide. Perfumania offers its brand-name cosmetic products at discount prices. It promotes its prices…