Avi Systems, Inc. And Joseph Shamash v. Microsoft Corporation

76 F.3d 384 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AVI SYSTEMS, INC. and Joseph Shamash, Plaintiff-Appellant, v. MICROSOFT CORPORATION, Defendant-Appellee. No. 95-16577. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1996. * Decided Jan. 17, 1996. Before: SNEED, HALL and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 AVI Systems, Inc. and Joseph Shamash ("AVI Systems") appeal the district court's denial of its motion for a preliminary injunction. AVI Systems contends that the district court erred by: 1) finding that it was unlikely to succeed on the merits of its trademark infringement claims; 2) finding that Microsoft was likely to succeed in showing a fair use of the "AVI" trademark; and 3) finding that the balance of hardships tipped sharply in favor of Microsoft. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a), and we affirm. 3 We review the district court's order to determine whether the district court applied the proper legal…