LIFESCAN, INC. V. SHASTA TECHNOLOGIES, LLC, No. 13-16042 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 08 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LIFESCAN, INC.; JOHNSON & JOHNSON, No. 13-16042 D.C. No. 3:12-cv-06360-JST Plaintiffs - Appellees, MEMORANDUM* v. SHASTA TECHNOLOGIES, LLC; CONDUCTIVE TECHNOLOGIES, INC.; PHARMATECH SOLUTIONS, INC.; DECISION DIAGNOSTICS, CORP., Defendants - Appellants. Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Argued and Submitted December 3, 2013 San Francisco, California Before: TROTT, THOMAS, and MURGUIA, Circuit Judges. Defendants appeal the district court s order granting plaintiffs request for preliminary injunctive relief, enjoining defendants from using images of plaintiffs * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. products on defendants Shasta GenStrip packaging and in its advertising. We have jurisdiction under 28 U.S.C. ยง 1292(a)(1), and we affirm. Our sole inquiry is whether the district court abused its discretion in granting preliminary injunctive relief, and we conclude that the district court properly exercised its discretion. Winter v. Natural Res. Def. Council, 555 U.S. 7, 24 (2008) (listing factors for district court to consider); Sports Form, Inc. v. United Press Int l, Inc., 686 F.2d 750, 752-53 (9th Cir. 1982) (explaining limited scope of review). AFFIRMED.

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