Burgess

Burgess v. Gilman

Good Law
134 F. App'x 200
United States Court of Appeals for the Ninth CircuitJune 17, 2005No. 05-15232; D.C. No. CV-03-00707-DWHCalifornia251 words

Opinion

Lead Opinion

*201 MEMORANDUM **

Cash Processing Services, LLC (“CPS”), appeals the district court’s grant of a preliminary injunction to David and Ingrid Burgess, and Sherwin Fellen (collectively “the Burgesses”), and denial of CPS’ motion for a preliminary injunction, after the Burgesses filed a declaratory action against CPS regarding ownership of the “MUSTANG RANCH” trademark in connection with prostitution services in Nevada and CPS counterclaimed for infringement and unfair competition under the Lanham Act. We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

Our review of a district court’s decision regarding preliminary injunctive relief is “limited and deferential,” and an order will be reversed only if the district court relied on an erroneous legal premise or abused its discretion. Southwest Voter Registration Educ. Project v. Shelley, 344 F.3d 914 , 918 (9th Cir.2003) (en banc). Here, the district court correctly identified the legal standards for abandonment of a trademark under the Lanham Act. See, e.g., Abdul-Jabbar v. General Motors Corp., 85 F.3d 407, 410-11 (9th Cir.1996). Also, the district court did not abuse its discretion by concluding that the Burgesses…

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