All Sleekcraft Factors Must Be Considered in Summary Judgment on Trademark Infringement Claims

Case: Jada Toys, Inc. v. Mattel, Inc., No. 05-55627 (9th Cir. 2/21/08)

The One Sentence Summary: The panel reversed summary judgment rulings by the district court on trademark infringement, dilution and copyright claims in a dispute between toy makers.



Ninth Circuit Holdings:

• Summary judgment for defendant Mattel on trademark infringement claim was improper when district court considered only dissimilarity of marks, and not the remaining Sleekcraft factors.
• Summary judgment against Mattel on its trademark dilution claim was improper where HOT RIGZ mark was nearly identical to famous HOT WHEELS mark.
• Copyright claim by Mattel presented issues of fact as to similarity of flame drawings.