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PINKETTE CLOTHING, INC. v. COSMETIC WARRIORS LTD.

No. 17-55325.

894 F.3d 1015 (2018)

PINKETTE CLOTHING, INC., a California corporation, Plaintiff-Counter-Defendant-Appellee, v. COSMETIC WARRIORS LIMITED, believed to be a United Kingdom limited company doing business as Lush Handmade Cosmetics, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2018.

Attorney(s) appearing for the Case

Rachel Zimmerman Scobie (argued), Ian G. McFarland , Heather J. Kliebenstein , and John A. Clifford , Merchant & Gould P.C., Minneapolis, Minnesota, for Defendant-Counter-Claimant-Appellant.

Kevin M. Bringuel (argued), Sarah Silverton , David Crane , Tiffany Hansen , Enoch Liang , and James Lee , LTL Attorneys LLP, South San Francisco, California, for Plaintiff-Counter-Defendant-Appellee.

Before: John M. Rogers, Jay S. Bybee, and Paul J. Watford, Circuit Judges.

OPINION

Cosmetic Warriors Limited ("CWL") sells LUSH-branded cosmetics and related goods, while Pinkette Clothing sells LUSH-branded women's fashions. CWL seeks both a permanent injunction restraining Pinkette from infringing on CWL's LUSH mark and cancellation of Pinkette's registration of its own LUSH mark. The...

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