Donald Storball Florence Jackson v. Twentieth Century Fox Film Corporation

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald STORBALL; Florence Jackson, Plaintiffs-Appellants, v. TWENTIETH CENTURY FOX FILM CORPORATION, Defendant-Appellee. No. 94-55167. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1995. Decided June 15, 1995. Before: PREGERSON, POOLE, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Donald Storball and Florence Jackson appeal the district court's summary judgment on their Lanham Act claims for trademark infringement. We have jurisdiction under 28 U.S.C. Sec. 1291 . We review de novo the district court's summary judgment, Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994), and we affirm. 3 Storball and Jackson contend that they need not introduce evidence of consumer confusion to prevail on a false endorsement claim. We disagree. Consumer confusion is a central element of most Lanham Act claims. See, e.g., Newton v. Thomason, 22 F.3d 1455, 1461-63 (9th…