Guichard

Guichard v. Universal City Studios LLLP

Good Law
261 F. App'x 15
United States Court of Appeals for the Ninth CircuitDecember 20, 2007No. 07-16089California273 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff-Appellant Robert Guichard (Guichard) appeals the denial of his motion for a preliminary injunction. This court’s review is therefore “limited and deferential.” Community House, Inc. v. City of Boise, 490 F.3d 1041, 1047 (9th Cir.2007) (citation omitted).

The district court’s conclusion that Guichard’s web presence at whisperoftheblue.com was not a use in commerce suf *16 ficient to create a protectable trademark interest is consistent with our precedent. See Brookfield Commc’ns, Inc. v. W. Coast Entm’t Corp., 174 F.3d 1036, 1052 (9th Cir.1999). Because Guichard had no protectable trademark interest, no infringement occurred. Similarly, as Guichard is suing with respect to his website, not a motion picture, he cannot demonstrate that the Title Registration Bureau of the Motion Picture Association of America has caused him any antitrust injury. Accordingly, no viable cause of action under California Business and Professions Code section 17200 could be sustained. See Sprewell v. Golden State Warriors, 266 F.3d 979, 992 (9th Cir. 2001) (noting that such a claim requires one to demonstrate engagement in an unlawful or unfair business practice). As Guichard…

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