Surfvivor Media, Inc. Peter S. Deptula v. Survivor Productions CBS Broadcasting Inc. CBS Worldwide, Inc. Wpc Brands, Inc.

Plaintiffs-Appellants Surfvivor Media, Inc., and Peter S. Deptula (collectively Surfvivor or Deptula) appeal the grant of summary judgment in favor of Defendants-Appellees Survivor Productions, L.L.C., et al. (collectively Survivor), on Surfvivor’s federal and state trademark infringement claims. Surfvivor also challenges the magistrate judge’s ruling limiting discovery to allow examination of only certain Survivor goods.

Because no material issue of fact was raised reflecting confusion between the marks, we affirm the entry of summary judgment in favor of Survivor. We also hold that the discovery rulings were well within the bounds of the court’s discretion.

I. FACTUAL & PROCEDURAL BACKGROUND

A. Factual Background

1. Plaintiffs-Appellants and the Surfvivor Mark

Deptula holds three federal trademarks for the mark “Surfvivor,” an amalgamation of the words “surf’ and “survivor.” Dep-tula has adorned the majority of his Hawaiian beach-themed products, ranging from sunscreen, to t-shirts, to surfboards, with that mark. Of these products, approximately thirty to fifty percent of Plaintiffs wares are emblazoned with the Surf-vivor mark alone. The remaining wares sport a tiny…