M2 Software Inc. v. Viacom Inc.

MEMORANDUM **

M2 Software, Inc., appeals the entry of summary judgment and a limited permanent injunction with regard to its reverse confusion trademark infringement claim against Viacom, Inc., Viacom International, Inc., and MTV Networks Company (Viacom). We remand only for clarification of the permanent injunction’s scope and, if necessary, for trial on that issue.

M2 Software’s Claim

In light of our previous ruling in this case, M2 Software has only one remaining federal trademark claim under 15 U.S.C. § 1114 ; it has waived any claim under 15 U.S.C. § 1125 . See M2 Software, Inc. v. Viacom, Inc., 30 Fed.Appx. 710 (9th Cir. 2002). Even had we not already issued an order clarifying that we previously “reversed the grant of summary judgment only on M2 Software’s federal trademark infringement claim” because “[n]o other claims were specifically and distinctly argued in M2 Software’s opening brief, and thus any other claims were waived,” M2 Software again fails to argue this issue “specifically and distinctly” during this appeal. See Miller v. Fairchild Industries, Inc., 797 F.2d 727, 738 (9th Cir.1986). Accordingly, we consider only M2 Software’s claims under §…