Phat Farm Holding Company, LLC v. Lisa L. Wright

Case: 12-11798 Date Filed: 05/03/2013 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
___________________________
No. 12-11798
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D.C. Docket No. 1:11-cv-20526-JLK
PHAT FARM HOLDING COMPANY, LLC,
Plaintiff - Appellee,
versus
LISA L. WRIGHT,
PHAG FARM, INC.,
Defendants - Appellants.
___________________________
Appeal from the United States District Court
for the Southern District of Florida
___________________________
(May 3, 2013)
Before DUBINA, Chief Judge, BARKETT and KLEINFELD, * Circuit Judges.
*
The Honorable Andrew J. Kleinfeld, Senior United States Circuit Judge for the Ninth
Circuit, sitting by designation.
Case: 12-11798 Date Filed: 05/03/2013 Page: 2 of 2
PER CURIAM:
This is a trademark infringement suit by Phat Fashions LLC. We have
jurisdiction to hear this appeal under 28 U.S.C. § 1292. We vacate the August 14,
2012 order partially dismissing this appeal and exercise jurisdiction over the
district court’s entire order granting summary judgment. See Cable Holdings of
Battlefield, Inc. v. Cooke, 764 F.2d 1466, 1472 (11th Cir. 1985). Considering de
novo the seven factors set forth in Lone Star Steakhouse & Saloon, Inc. v.
Longhorn Steaks, Inc., 122 F.3d 1379, 1382 (11th Cir. 1997), we conclude that
genuine issues of fact exist as to likelihood of confusion. We therefore vacate the
district court’s order granting summary judgment in favor of Phat Fashions and
remand for further proceedings consistent with this disposition. We need not and
do not decide any other issues raised by the parties.
VACATED and REMANDED.
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