(United States Ninth Circuit) - In an action claiming of trademark infringement,counterfeit designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by a beverage company-plaintiff, or which sells a competing line of flavored vodkas,the District Court's grant of summary judgment to defendant is reversed where the district court erred in: 1) failing to spot the burden of proof on defendant, the moving party; 2) failing to view the evidence in the light most favorable to plaintiff; and 3) never analyzing whether a genuine dispute of material fact existed.
Source: findlaw.com