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BROOKFIELD COMMUNICATIONS v. WEST COAST ENTERTAINMENT

No. 98-56918.

174 F.3d 1036 (1999)

BROOKFIELD COMMUNICATIONS, INC., Plaintiff-Appellant, v. WEST COAST ENTERTAINMENT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 22, 1999.

Attorney(s) appearing for the Case

Richard L. Stone (argued), Ronald S. Cohen, Carlo F. Van den Bosch, Sheppard, Mullin, Richter & Hampton, Los Angeles, California, for the plaintiff-appellant.

Dennis G. Martin (argued), Christina L. Johnson, Willmore F. Holbrow, III, Blakely, Sokoloff, Taylor & Zafman, Los Angeles, California, for the defendant-appellee.

Before: CANBY, O'SCANNLAIN, and WARDLAW, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must venture into cyberspace to determine whether federal trademark and unfair competition laws prohibit a video rental store chain from using an entertainment-industry information provider's trademark in the domain name of its web site and in its web site's metatags.

I

Brookfield Communications, Inc. ("Brookfield") appeals the district court's denial of its motion for a preliminary injunction prohibiting West Coast...

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