Burgess
Burgess v. Gilman
Opinion
Lead Opinion
MEMORANDUM **
David and Ingrid Burgess appeal from the district court’s judgment following a bench trial in their trademark infringement action against Defendants concerning ownership of the “MUSTANG RANCH” mark in connection with brothel services. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Trademark abandonment is a question of fact reviewed under the clearly erroneous standard. See Star-Kist Foods, Inc. v. P.J. Rhodes & Co., 769 F.2d 1393, 1396 (9th Cir.1985) (explaining that abandonment “is a factual issue, well within the domain of the district court”); Rivard v. Linville, 133 F.3d 1446, 1449 (Fed.Cir. 1998) (“Abandonment is a question of fact. We sustain the board’s fact findings unless they are clearly erroneous.”). Similarly, whether an assignment was in gross or, as the district court found here, accompanied by goodwill is a question of fact that the Court will uphold unless it is found to be clearly erroneous. See E. & J. Gallo Win *544 ery v. Gallo Cattle Co., 967 F.2d 1280 , 1289 (9th Cir.1992) (labeling the district court’s decision a “factual finding” where it had determined “that goodwill had been assigned along with the mark”).