Abercrombie & Fitch Co. Abercrombie & Fitch Trading Co. v. Moose Creek, Inc. Juno of California, L.L.C.

Abercrombie & Fitch Co. interlocutorily appeals the district court’s denial of Aber-crombie’s motion for a preliminary injunction enjoining Moose Creek, Inc. from using newly designed moose marks pending the resolution of Abercrombie’s suit alleging trademark infringement and other causes of action under federal and state law. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1).

I. BACKGROUND

This is the second time in four years that trademark litigation between these parties has reached this forum. The first litigation began in 2004, when Moose Creek filed a trademark infringement action alleging that Abercrombie’s Silhouette Moose Logo was confusingly similar to Moose Creek’s moose marks. Moose Creek sought but was denied a preliminary injunction against Abercrombie’s use of its logo. See Moose Creek, Inc. v. Abercrombie & Fitch Co., 331 F.Supp.2d 1214 (C.D.Cal.2004). We affirmed. Moose Creek, Inc. v. Abercrombie & Fitch Co., 114 Fed.Appx. 921 (9th Cir.2004).

In 2004, during the pendency of the action, Abercrombie developed and began using a new mark, the Outline Moose Logo, in addition to its Silhouette Moose Logo. Since then, Abercrombie has often used these two logos…