California Suncare, Inc. v. California Sun Laboratories, Inc., a California Corporation

79 F.3d 1152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CALIFORNIA SUNCARE, INC., Plaintiff-Appellant, v. CALIFORNIA SUN LABORATORIES, INC., a California corporation, Defendant-Appellee. No. 95-56845. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1996. * Decided March 14, 1996. Before: GOODWIN, WIGGINS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Appellant California SunCare, Inc. ("SunCare") appeals the district court's denial of a preliminary injunction enjoining appellee California Sun Laboratories, Inc. ("Sun Laboratories") from using "California Sun Laboratories" or "California Sun Laboratories, Inc." as a trade name. SunCare contends that the district court erred in finding (1) that SunCare does not have a protectable right in "California Sun" as a nickname for its sun tanning and sun care products; (2) that no likelihood of confusion existed between SunCare's and Sun Laboratories' trade name and products; and (3) that Sun Laboratories…