Total90, LLC v. Nike, Inc.

Summary

The United States District Court for the Eastern District of Louisiana denied Total90, LLC’s motion for a preliminary injunction against Nike, Inc. in a dispute over the “Total90” trademark. The court held that Total90 had not shown a substantial likelihood of success in establishing that it was the senior user because Nike had not abandoned the mark. The court also concluded that Total90 had not demonstrated a substantial likelihood of confusion sufficient to support trademark infringement relief.

Holdings

1. Total90 failed to establish a substantial likelihood that it was the senior user because it did not prove that Nike abandoned the Total 90 mark.
2. Total90 failed to establish a substantial likelihood of success on its trademark infringement claim.
3. Total90 failed to establish a substantial threat of irreparable harm.
4. Total90 was not entitled to a preliminary injunction because it failed to establish both a substantial likelihood of success on the merits and a substantial threat of irreparable injury.

Questions Presented

1. Whether Total90 demonstrated a substantial likelihood of success on its trademark infringement claim by showing that it was the senior user of the Total90 mark.
2. Whether Total90 demonstrated a substantial likelihood of confusion between its Total90 mark and Nike's Total 90 mark.
3. Whether Total90 demonstrated a substantial threat of irreparable harm warranting preliminary injunctive relief.
4. Whether Total90 satisfied the remaining preliminary-injunction factors concerning the balance of equities and public interest.

Disposition

other