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ABERCROMBIE & FITCH CO. v. MOOSE CREEK, INC.

No. 06-56774.

486 F.3d 629 (2007)

ABERCROMBIE & FITCH CO.; Abercrombie & Fitch Trading Co., Plaintiffs-Appellants, v. MOOSE CREEK, INC.; Juno of California, L.L.C., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2007.

Attorney(s) appearing for the Case

William Bradford Reynolds (argued), John G. Froemming & Jessica Bradley, Howrey LLP, Washington, DC, Bobby Ghajar, Howrey LLP, Los Angeles, CA, for the appellants.

Timothy J. Toohey (argued), Daniel C. Tepstein, Hunton & Williams, LLP, Los Angeles, CA, for the appellees.

Before: JEROME FARRIS and RONALD M. GOULD, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

FARRIS, Circuit Judge.

Abercrombie & Fitch Co. interlocutorily appeals the district court's denial of Abercrombie's motion for a preliminary injunction enjoining Moose Creek, Inc. from using newly designed moose marks pending the resolution of Abercrombie's suit alleging trademark infringement and other causes of action under federal and state law. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1).

I. BACKGROUND

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