No Fear, Inc., a California Corporation, Plaintiff-appellant, v. Big Ball Sports, Inc., a Texas Corporation, Defendant-appellee,, 133 F.3d 928 (9th Cir. 1998)

Before: SCHROEDER and KOZINSKI, Circuit Judges, and WHYTE,^**  District Judge.

MEMORANDUM^* 

The district court correctly determined on summary judgment that there was no likelihood of confusion. The "Fear Smells" logo, like the mark "No Fear," contains the word "Fear" and connotes certain machismo. In the marketplace, however, the visual difference in presentation and lettering, the accompanying mark of Big Ball Sports and the difference in sound and meaning as a whole are likely to dispel any possible confusion. See Chesebrough-Pond's, Inc. v. Faberge, Inc., 666 F.2d 393, 397--99 (9th Cir. 1982).

No Fear's trademark dilution claim fails because the No Fear mark is not famous enough to warrant protection under the Califor-nia anti-dilution statute. See Accuride Int'l, Inc. v. Accuride Corp., 371 F.2d 1531, 1539 (9th Cir. 1989).

AFFIRMED.