Grateful Palate Inc. v. Joshua Tree Imports, LLC

MEMORANDUM **

The facts in this expedited appeal are known to the parties, and we do not repeat them here. We review the district court’s denial of a motion for preliminary injunction for abuse of discretion. Harris v. Bd. of Supervisors, 366 F.3d 754 , 760 (9th Cir.2004). Although our review is “limited and deferential,” Southwest Voter Registration Educ. Project v. Shelley, 344 F.3d 914 , 918 (9th Cir.2003) (en banc) (per curiam), we will find an abuse of discretion when the district court relies on an erroneous legal standard, Harris, 366 F.3d at 760.

To obtain a preliminary injunction in a trademark action, the plaintiff must establish “ ‘either (1) a combination of probable success on the merits and the possibility of irreparable injury or (2) the existence of serious questions going to the merits and that the balance of hardships tips sharply in his favor.’ ” Brookfield Commc’ns, Inc. v. West Coast Entm’t Corp., 174 F.3d 1036, 1046 (9th Cir.1999) (quoting Sardi’s Rest. Corp. v. Sardie, 755 F.2d 719, 723 (9th Cir.1985)). The district court held that Grateful Palate had not satisfied the first element in this test because it had neither demonstrated that it was likely to…