Phat Farm Holding Company, LLC v. Lisa L. Wright, et al, No. 12-11798 (11th Cir. 2013)

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Case: 12-11798 Date Filed: 05/03/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ___________________________ No. 12-11798 ___________________________ D.C. Docket No.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. 2

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