Dep't of Parks & Recreation v. Bazaar del Mundo Inc.

WARDLAW, Circuit Judge:
The Department of Parks and Recreation for the State of California (the “State”) appeals the denial of its motion to preliminarily enjoin Bazaar del Mundo from using the registered trademarks CASA DE BANDINI and CASA DE PICO in the operation of restaurants located outside the boundaries of the Old Town San Diego State Historic Park (“Old Town”). The critical issue in dispute is whether the State owns any protectible interest in the trademarks. Because we agree with the district court that the State failed to introduce sufficient evidence of ownership of the marks and thereby failed to establish the requisite degree of likelihood of success on the merits, we affirm the district court’s denial of injunctive relief.

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