San Diego County Credit Union v. Citizens Equity First Credit Union

A plaintiff has standing to seek declaratory relief of non-infringement if he demonstrates a real and reasonable apprehension that he will be subject to liability if he continues with his course of conduct. Societe de Conditionnement en Aluminium v. Hunter Eng’g Co., 655 F.2d 938, 944-54 (9th Cir. 1981); Chesebrough-Pond’s Inc. v. Faberege Inc., 666 F.2d 396 (9th Cir. 1982).

Defendant appealed the grant of summary judgment, arguing that there was no existence of a case or controversy under Article III. On appeal, Defendant argued that Plaintiff did not reasonably apprehend an infringement suit and that the district court did not possess Article III jurisdiction at the summary judgment phase. A plaintiff has standing to seek declaratory relief of non-infringement if he demonstrates “a real and reasonable apprehension that he will be subject to liability” if he continues with his course of conduct. Societe de Conditionnement en Aluminium v. Hunter Eng’g Co., 655 F.2d 938, 944-54 (9th Cir. 1981); Chesebrough-Pond’s Inc. v. Faberege Inc., 666 F.2d 396 (9th Cir. 1982). The Court found that a live controversy existed because there was testimony that customer confusion was only a “question of time,” which meant Plaintiff was put in reasonable apprehension that there could be a lawsuit. The Court also found that the district court did have Article III jurisdiction at the summary judgment phase because Plaintiff had reasonable apprehension that it could be subject to legal action in Southern California. AFFIRMED.