Houdini Inc. v. Goody Baskets LLC

MEMORANDUM *

Goody Baskets appeals the district court’s grant of a preliminary injunction enjoining it from using the phrase “Wine Country Gift Basket” in its domain name and advertising materials. 1 We have juris *947 diction pursuant to 18 U.S.C. § 1292 (a)(1) and we AFFIRM.

The district court did not clearly err in determining there are serious questions regarding whether Houdini’s mark is descriptive and has acquired secondary meaning. See Filipino Yellow Pages v. Asian Journal Publ’ns, 198 F.3d 1143 , 1147 (9th Cir.1999); Levi Strauss & Co. v. Blue Bell, Inc., 778 F.2d 1352, 1354 (9th Cir.1985). Therefore, the district court did not clearly err in determining serious questions exist as to the merits of Houdini’s trademark action. Goody Baskets does not appeal the district court’s determination that the balance of hardships tips strongly in Houdini’s favor. The district court, therefore, did not abuse its discretion in granting the preliminary injunction.

In addition, the district court did not abuse its discretion in considering hearsay and biased evidence of actual confusion because the rules of evidence do not strictly apply to preliminary injunction proceedings.…