The Ninth Circuit on Monday affirmed a trial loss by the user of the “SmartBiz” trademark against Collins Cash, the user of the “Smart Business Funding” mark. The appeals court referenced its own ruling in a well-known copyright dispute involving Led Zeppelin to determine that the lower court did not abuse its discretion in declining to provide the plaintiff’s requested jury instruction. This ruling emphasizes the court’s consistent application of discretion standards in intellectual property disputes.
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