GOTO.COM, INC. v. WALT DISNEY CO.

No. 99-56691.

202 F.3d 1199 (2000)

GOTO.COM, INC., a Delaware corporation, Plaintiff-counter-defendant-Appellee, v. The WALT DISNEY COMPANY, a Delaware corporation; Disney Enterprises, Inc., a Delaware corporation; Infoseek Corporation, a California corporation; Montrose Corporation, a Delaware corporation, Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2000.


Attorney(s) appearing for the Case

Peter E. Moll (argued), Howrey & Simon, Washington, D.C., Charles H. Samel, Los Angeles, California, David M. Kelly, Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C., for the defendants-appellants.

Pierce O'Donnell (argued), Gary L. Urwin, Lisa R. Brant, Daniel C. Tepstein, O'Donnell & Shaeffer, Los Angeles, California, David S. Fleming, Brinks, Hofer, Gilson & Lione, Chicago, Illinois, for the plaintiff-appellee.

Before: BEEZER, O'SCANNLAIN, and THOMAS, Circuit Judges.


O'SCANNLAIN, Circuit Judge.

We must decide whether two remarkably similar logos used commercially on the World Wide Web are likely to confuse consumers under federal trademark law.

I

The Walt Disney Company ("Disney") appeals the district court's grant of a preliminary injunction against it that was sought by GoTo .com ("GoTo"). The injunction prohibits Disney from using a logo confusingly similarly to GoTo's mark. GoTo operates a web site that contains...

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