SNOCAP download, which is a digital rights company and downloading software. Opp’n 5:10-16. However, Plaintiff provides absolutely no documentation to support those contentions that creates a genuine issue of fact that the mark is famous. Moreover, there is no evidence of actual recognition of the mark, as Plaintiff failed to even address Defendants’ request for summary judgment as to Plaintiffs dilution claim. Such things as surveys or expert opinion, or the lack thereof, weigh heavily in finding whether there is actual recognition of a mark and that it is famous. Network Automation, Inc. v. Hewlett-Packard Co., No. CV 08-4675-JFW-RZX, 2009 WL 5908719 at *10-11 (C.D. Cal. Sept. 14, 2009); see Visa International Service Association v. JSL Corp., 590 F.Supp.2d 1306, 1315 (D. Nev. 2008) (<HOLDING>) The Ninth Circuit has held that “[dilution is
holding that a survey by plaintiffs expert demonstrating that 99 percent of respondents were aware of the visa brand weighed heavily in favor of a finding of fame holding that failure to attach the aaa arbitration rules weighed in favor of a finding of procedural unconscionability holding that fact that client not employer controlled time manner and location of services to be performed weighed in favor of independent contractor status holding that lack of consideration of relevant evidence from treating physician weights heavily in favor of finding administrators decision arbitrary and capricious holding prominence of trade names  weighs heavily against a finding of consumer confusion