Rock and Roll Religion, Inc. v. Cels Enterprises, Inc.

MEMORANDUM

Appellants CELS Enterprises, Inc. and Robert L. Goldman (collectively CELS) appeal the district court’s order granting summary judgment in favor of appellees Rock and Roll Religion, Inc. and Defiance U.S.A., Inc. (collectively Rock and Roll Religion), and the district court’s order awarding attorneys’ fees to Rock and Roll Religion.

Summary judgment is generally disfavored in trademark litigation, because the nature of trademark case analysis is fact intensive. See Fortune Dynamic Inc. v. Victoria’s Secret Stores Brand Management, Inc., 618 F.3d 1025, 1031 (9th Cir.2010). At a minimum, CELS raised material issues of fact regarding the similarity of the marks, relatedness of the goods, marketing channels, likelihood of expansion and degree of consumer care factors as articulated in AMF Inc. v. Sleekcraft Boats (Sleekcraft), 599 F.2d 341, 348-349 (9th Cir.1979). Therefore, the district court erred in granting summary judgment in favor of Rock and Roll Religion. See Fortune Dynamic, 618 F.3d at 1039 .

For the same reason, the district court did not err in denying CELS’ motion for partial summary judgment. Because CELS failed to present any evidence of actual confusion…