Picture It Sold, Inc. v. Isold It, LLC

MEMORANDUM *

Picture It Sold!, Inc. (“Picture It Sold”) appeals from the denial of a preliminary injunction against its competitor, iSOLD IT, LLC (“I Sold It”). We review the district court’s denial for an abuse of discretion, Harr is v. Board of Supervisors, Los Angeles County, 366 F.3d 754, 760 (9th Cir.2004), and may affirm on any ground supported by the record, Big Country Foods, Inc., v. Bd. of Educ. of Anchorage School Dist., 868 F.2d 1085, 1088 (9th Cir.1989).

To prevail on its Lanham Act claim, Picture It Sold must demonstrate that it has a valid protectable trademark interest in a mark, and a use in commerce by I Sold It that is likely to cause confusion in the minds of the consuming public. See Brookfield Communications, Inc. v. West Coast Entertainment Corp., 174 F.3d 1036 , 1046 & n. 6 (9th Cir.1999). Even assuming Picture It Sold has a protected interest in the phrase “picture it sold,” 2 on *633 the record before us, there is insufficient evidence that I Sold It has used or purchased keyword advertising on that phrase.

The search results from Google and Yahoo! do not support Picture It Sold’s claim because the internet searches were not conducted using quotation…