S3 Incorporated, a Delaware Corporation v. Cirrus Logic, Inc., a California Corporation

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. S3 INCORPORATED, a Delaware corporation, Plaintiff-Appellee, v. CIRRUS LOGIC, INC., a California corporation, Defendant-Appellant. No. 94-16412. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 14, 1995. Decided Nov. 27, 1995. 1 Before: SCHROEDER and ALARCON, Circuit Judges, and PANNER, * Senior District Judge. 2 MEMORANDUM ** 3 Cirrus Logic, Inc., ("Cirrus") appeals from the district court's order enjoining Cirrus from "utilizing the phrase CIRRUS LOGIC ON BOARD or ON BOARD as a trademark on computer graphics chips or on advertisements, catalogues, press releases, or product packaging for computer graphics chips." Cirrus seeks reversal on the grounds that the district court erred in (1) enjoining use of the phrase "on board" because it is either generic or merely descriptive; (2) concluding that S3 had raised substantial questions as to the likelihood of confusion between "Cirrus Logic On…