PUNCHBOWL, INC. v. AJ PRESS, LLC

No.21-55881.

90 F.4th 1022 (2024)

PUNCHBOWL, INC., a Delaware corporation, Plaintiff-Appellant, v. AJ PRESS, LLC, a Delaware limited liability company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2024.


Attorney(s) appearing for the Case

Peter J. Willsey (argued) and Vincent Badolato , Brown Rudnick LLP, Washington, D.C.; Rececca M. Lecaroz and Melanie D. Burke , Brown Rudnick LLP, Boston, Massachusetts; David Stein , Brown Rudnick LLP, Irvine, California; for Plaintiff-Appellant.

Ian C. Ballon (argued) Nina D. Boyajian , and Rebekah S. Guyon , Greenberg Traurig LLP, Los Angeles, California, for Defendant-Appellee.

Cara L. Gagliano and Corynne McSherry, Electronic Frontier Foundation, San Francisco, California, Amici Curiae Electronic Frontier Foundation.

Eugene Volokh, UCLA First Amendment Clinic, UCLA School of Law, Los Angeles, California, Amici Curiae Law Professors.

Before: John B. Owens and Daniel A. Bress, Circuit Judges, and Sidney A. Fitzwater, District Judge.


OPINION

This case requires us to apply the Supreme Court's recent decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140, 143 S.Ct. 1578, 216 L.Ed.2d 161 (2023), to a trademark infringement dispute involving two companies that use the word "Punchbowl" in their marks. Prior to Jack Daniel...

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