No. 05-55828.

448 F.3d 1118 (2006)

DEPARTMENT OF PARKS AND RE-CREATION FOR THE STATE OF CALIFORNIA, Plaintiff-Appellant, v. BAZAAR DEL MUNDO INC., a California Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 24, 2006.

Attorney(s) appearing for the Case

Richard P. Sybert, San Diego, California, for the plaintiff-appellant.

John T. Brooks, San Diego, California, for the defendant-appellee.

Before BEEZER, HALL, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge.

The Department of Parks and Recreation for the State of California (the "State") appeals the denial of its motion to preliminarily enjoin Bazaar del Mundo from using the registered trademarks CASA DE BANDINI and CASA DE PICO in the operation of restaurants located outside the boundaries of the Old Town San Diego State Historic Park ("Old Town"). The critical issue in dispute is whether the State owns any protectible interest in the trademarks...

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