M2 Software Inc. v. M2 Communications, L.L.C.

MEMORANDUM *

Plaintiff M2 Software appeals the district court’s grant of summary judgment to defendant M2 Communications on all of M2 Software’s claims under state and federal trademark and unfair competition law. The district court held that there is no likelihood of confusion between M2 Communications’ Christian music products and M2 Software’s music products and music business services. M2 Software also appeals the dismissal of defendants Gaylord Entertainment and Jeff Moseley for lack of personal jurisdiction.

The parties are familiar with the facts and procedural history of this case, so we do not repeat them here.

I

We review a grant of summary judgment de novo. Surfvivor Media, Inc. v. Survivor Prods., 406 F.3d 625, 630 (9th Cir.2005).

To determine whether there is a likelihood of confusion, we consider the following eight non-exhaustive Sleekcraft factors: (1) strength of the mark; (2) proximity of the goods; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels used; (6) type of goods and the degree of care likely to be exercised by the purchaser; (7) defendant’s intent in selecting the mark; and (8) likelihood of expansion of the…