-3-12345678910111213141516171819202122232425262728Decl. ¶ 4.) Although the press releases cite Govan’s “kids and brand new baby,” they donot refer to Arenas. (
.)Arenas raises four causes of action against Shed Media and Govan under theLanham Act, 15 U.S.C. § 1125, for trademark infringement, trademark dilution, falseadvertising, and false endorsement. In addition, Arenas charges Defendants withcommon law and statutory misappropriation of likeness and right of publicity, Cal. Civ.Code § 3344, as well as violations of California’s Unfair Competition Law (“UCL”), Cal.Bus. & Prof. Code § 17200.
III.LEGAL STANDARDSA. Preliminary Injunctions
A plaintiff seeking injunctive relief must show that (1) he is likely to succeed onthe merits; (2) he is likely to suffer irreparable harm in the absence of preliminary relief;(3) the balance of equities tips in his favor; and (4) that an injunction is in the publicinterest.
Toyo Tire Holdings Of Ams. Inc. v. Cont’l Tire N. Am., Inc.
, 609 F.3d 975, 982(9th Cir. 2010) (citing
Winter v. Natural Res. Def. Council, Inc.
, 555 U.S. 7, 20, 129 S.Ct.365, 172 L.Ed.2d 249 (2008)). An injunction is also appropriate when a plaintiff raises“serious questions going to the merits,” demonstrates that “the balance of hardships tipssharply in the plaintiff’s favor,” and “shows that there is a likelihood of irreparable injuryand that the injunction is in the public interest.”
Alliance for the Wild Rockies v. Cottrell
,632 F.3d 1127, 1135 (9th Cir. 2011) (quoting
Lands Council v. McNair
, 537 F.3d 981,987 (9th Cir. 2008)). An injunction is an exercise of a court’s equitable authority, whichshould not be invoked as a matter of course, and “only after taking into account all of thecircumstances that bear on the need for prospective relief.”
Salazar v. Buono
, __ U.S. __,130 S.Ct. 1803, 1816, 176 L.Ed.2d 634 (2010).
B. Anti-SLAPP Motions
California’s statute prohibiting Strategic Lawsuits Against Public Participation (the“anti-SLAPP statute”), Cal. Civ. Proc. Code § 425.16, provides a mechanism for the
Case 2:11-cv-05279-DMG -PJW Document 28 Filed 08/22/11 Page 3 of 16 Page ID#:1287