Blau

Blau v. YMI Jeanswear, Inc.

Good Law
129 F. App'x 385
United States Court of Appeals for the Ninth CircuitApril 27, 2005No. 03-56617California342 words

Opinion

Lead Opinion

MEMORANDUM *

In this consolidated appeal Alan Blau appeals (1) the district court’s order granting YMI Jeanswear, Inc.’s motion to recover a bond posted by Blau as surety for the issuance of a temporary restraining order and (2) the district court’s subsequent summary judgment order in favor of YMI on Blau’s complaint alleging federal trademark causes of action under the Lanham Act and a California state law cause of action for unfair competition. We affirm the summary judgment order and dismiss the bond appeal as moot.

The district court properly granted summary adjudication on the damages issue because Blau failed to raise triable issues of fact regarding whether the parties were in direct competition and whether YMI willfully infringed the UBU mark. See Maier Brewing Co. v. Fleishchmann Distilling Corp., 390 F.2d 117 , 121 (9th Cir.1968). Blau’s claim for injunctive relief is moot because YMI ceased using the “YMI lets UBU” slogan before Blau filed suit. See Polo Fashions, Inc. v. Dick Bruhn, Inc., 793 F.2d 1132, 1135 (9th Cir.1986) (explaining that cessation of unlawful conduct moots a request for injunctive relief where “the reform of the defendant [is] irrefutably…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.