Cash Processing Services, LLC v. Ambient Entertainment, Inc.

Good Law
320 F. App'x 494
United States Court of Appeals for the Ninth CircuitSeptember 4, 2008No. 08-15116California488 words

Opinion

Lead Opinion

MEMORANDUM ***

Ambient Entertainment, Inc. appeals the district court’s grant of a preliminary injunction to Cash Processing Services, LLC (“CPS”), and denial of Ambient’s motion for a preliminary injunction, after CPS filed a trademark infringement action against Ambient regarding ownership of the “MUSTANG RANCH” trademark in connection with clothing, merchandise, and other goods, and Ambient counterclaimed for trademark infringement. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1), and we affirm.

Our review of a decision to grant or deny a preliminary injunction is “limited and deferential,” Sw. Voter Registration Educ. Project v. Shelley, 344 F.3d 914 , 918 (9th Cir.2003), and the district court “will be reversed only where [it] abused its discretion or based its decision on an erroneous legal standard or on clearly erroneous findings of fact.” Does 1-5 v. Chandler, 83 F.3d 1150, 1152 (9th Cir.1996). “[A] district court abuses its discretion when it makes an error of law,” a question subject to de novo review. Sw. Voter Registra *496 tion, 344 F.3d at 918. Here, the district court applied the correct legal standard for abandonment and its findings of fact were not…

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