In his first ruling in the case, a judge has determined that patrons are unlikely to be confused between the exclusive Castle Pines Golf Club and an upcoming restaurant nearby that shares a hummingbird theme. Judge Kato Crews’ decision on Dec. 23 is a win for Mark and Jo Brinkerhoff, a married couple who had been told by Castle Pines to cease and desist using hummingbird insignia as they spend an estimated $14 million on a steakhouse and cocktail lounge in Castle Rock. “Because there is little likelihood of confusion, the harm Brinkerhoff (Restaurants) would suffer if it was forced to cease using its trademark and rebrand its entire concept outweighs any potential harm to Castle Pines,” Crews wrote in denying to issue an injunction. The couple’s restaurant will be named The Brinkerhoff, an homage to Mark’s family and its legacy of popular restaurants in the Denver area, including La Loma.