Quek

Pannell Kerr Forster InterNational Assn. LimIted v. Quek

Good Law
5 F. App'x 574
United States Court of Appeals for the Ninth CircuitFebruary 2, 2001No. 99-15526, 99-16751; D.C. No. CV-97-01077-HGCalifornia1,758 words

Opinion

Lead Opinion

MEMORANDUM

This case involves a trademark license dispute over the right to use the Pannell Kerr Forster (“PKF”) name and style within the state of Hawaii. Pannell Kerr Forster International Association B.Y. (“Association BY.”) and Pannell Kerr Forster International Limited (“PKFI”) hold various international and U.S. trademark licenses relating to the PKF name and style. Both Pannell Kerr Forster Consulting (“PKFC”) and The CPA Consulting Group, Inc. (“PKF Hawaii”) are licensed by PKFI to operate under the PKF name and style. PKFC claims to be licensed to use the PKF name in Hawaii, while PKFI, Association BY, and PKF Hawaii contend that PKFC is only licensed to use the PKF name in Alaska and the contiguous forty-eight states. As the parties are familiar with the underlying facts, they are set forth herein only as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1292 and REVERSE and REMAND to the district court.

DISCUSSION

A grant of summary judgment is reviewed de novo. See Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there…

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