Rearden LLC v. Rearden Commerce, Inc.

Plaintiffs Rearden LLC, Rearden Productions LLC, Rearden Studios LLC, Rearden, Inc., and Rearden Properties LLC appeal from the orders of the United States District Court for the Northern District of California granting summary judgment in favor of Defendant Rearden Commerce, Inc. In two rulings, the District Court granted Rearden Commerce’s motions for summary judgment with respect to Appellants’ claims under the Lanham Act, the Anticybersquatting Consumer Protection Act (“ACPA”), California’s common law of trademark infringement, and the California Unfair Competition Law (“UCL”). Because there are genuine issues of material fact, we vacate and remand for further proceedings consistent with this opinion.

I.

Steve Perlman founded Rearden Steel, Inc. in May 1999. He chose this name, at least in part, because it was a reference to the “Hank Rearden” character from Ayn Rand’s novel, Atlas Shrugged. This company changed its name to Rearden Studios, Inc. in March 2002, Rearden, Inc. in October 2004, and, finally, Rearden LLC in June 2006. Rearden LLC was only the first of several Bay Area-based “Rearden” companies started by Perlman. Other Rearden entities include: (1)…