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QUIKSILVER, INC. v. KYMSTA CORP.

No. 04-55529.

466 F.3d 749 (2006)

QUIKSILVER, INC., a Delaware corporation, Plaintiff-counter-claim-defendant-Appellee, v. KYMSTA CORP., a California corporation, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2006.

Attorney(s) appearing for the Case

William Robinson and James D. Nguyen (argued) of Foley & Lardner LLP, Los Angeles, California, and Arthur Freilich of Freilich, Hornbaker & Rosen, Northridge, California, for appellant Kymsta Corp.

Michael G. Yoder (argued), Amy J. Longo, and Christine E. Cwiertny of O'Melveny & Myers LLP, Newport Beach, California, for appellee Quiksilver, Inc.

Before: Stephen Reinhardt and Johnnie B. Rawlinson, Circuit Judges, and Claudia Wilken, District Judge.

Argued and Submitted December 5, 2005 — Pasadena, California.

Opinion by Judge Rawlinson.

OPINION

RAWLINSON, Circuit Judge:

Kymsta appeals from the district court's decision granting Quiksilver's motion for judgment as a matter of law and denying Kymsta's competing cross-motion. The court concluded that Quiksilver's trademarks, "QUIKSILVER ROXY" and "ROXY," are valid; that Kymsta was unable to rebut the presumption of validity; and...

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