Hgi Marketing Services, Inc. v. Pepsico Inc. Taco Bell Corp.

50 F.3d 14 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HGI MARKETING SERVICES, INC., Plaintiff-Appellee, v. PEPSICO INC.; Taco Bell Corp., Defendants-Appellants. Nos. 93-55968, 93-56370. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1994. Decided March 3, 1995. Before: BROWNING, and GOODWIN, Circuit Judges, and QUACKENBUSH, * District Judge MEMORANDUM ** We reverse the district court's grant of summary judgment for HGI on Taco Bell's counterclaims 1 and remand. I. Counterclaims Based on "Make a Run for the Border" Because Taco Bell owned and made prior use of "Make a Run for the Border," it would prevail on its counterclaims if HGI's "Run for the Border" was confusingly similar to Taco Bell's "Make a Run for the Border." See Century 21 Real Estate Corp. v. Sandlin, 846 F.2d 1175, 1178 (9th Cir.1988) (crucial issue for federal trademark infringement and California unfair competition actions is whether defendant's mark creates a likelihood…