Daniel Henderson v. Matthew Lindland

602 F. App'x 391

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 8, 2015
• Docket: 13-55673
• Status: Unpublished

Opinion

MEMORANDUM **

Plaintiff Daniel Henderson appeals the district court’s decision to deny Henderson’s request for a permanent injunction. We have jurisdiction under 28 U.S.C. § 1291. We assume the parties are aware of the facts and therefore do not repeat them here.

The district court held the defendants were infringing on Henderson’s trademarks, but that any relief was barred by the doctrine of laches. Henderson argued before the district court that it should issue an injunction despite the laches defense because of the danger of “inevitable confusion” to the public caused, by the defendants’ use of Henderson’s marks. See Tillamook Country Smoker, Inc. v. Tillamook Cnty. Creamery Ass’n, 465 F.3d 1102, 1111 (9th Cir.2006). The district court correctly applied our precedent in rejecting that argument. Id. (“[Inevitable confusion] will trump laches only when the suit concerns allegations that the product is harmful or otherwise a threat to. public safety and well being.” (quoting Jarrow Formulas, Inc. v. Nutrition Now, Inc., 304 F.3d 829, 841 (9th Cir.2002))). The district court did not abuse its discretion in finding that the defendants’ use of the mark did not constitute a harmful product or a threat to public safety or well being. See Midgett v. Tri-Cnty. Metro.Transp. Dist. of Oregon, 254 F.3d 846, 849 (9th Cir.2001) (explaining the decision to deny a permanent injunction is reviewed for abuse of discretion).

Henderson argues Tillamook was wrongly decided. But as a three-judge panel, we are bound by that decision. See generally Miller v. Gammie, 335 F.3d 889 (9th Cir.2003) (en banc).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.