Aliign Activation Wear, LLC v. Lululemon Athletica Canada Inc

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 9 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALIIGN ACTIVATION WEAR, LLC, a No. 21-55775 California limited liability company, D.C. No. Plaintiff-counter- 2:20-cv-03339-SVW-JEM defendant-Appellant,

v. MEMORANDUM*

LULULEMON ATHLETICA CANADA,

INC., a Canadian corporation; LULULEMON USA, INC., a Nevada corporation,

Defendants-counter- claimants-Appellees.

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Argued and Submitted July 27, 2022 Pasadena, California

Before: TASHIMA, WATFORD, and FRIEDLAND, Circuit Judges.

Plaintiff Aliign Activation Wear, LLC (AAW) appeals from the district

court’s order granting summary judgment to defendants lululemon athletica

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Page 2 of

Canada, Inc., and lululemon USA, Inc. (collectively, lululemon) on AAW’s

trademark…