Campagnolo S.R.L. v. Full Speed Ahead, Inc.

MEMORANDUM

Campagnolo S.r.l., an Italian company engaged in manufacturing and sales of cycling equipment, filed an action against Full Speed Ahead, Inc. (“FSA”) and Tien Hsin Industries Co. for false advertising under § 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a). FSA is the American seller of cranksets manufactured by Tien Hsin.

The district court granted summary judgment in favor of Tien Hsin, finding that Tien Hsin was not involved in creating the advertisements and it could not be vicariously liable for FSA’s actions. The jury returned a verdict in favor of defendant FSA on all counts. The district court entered judgment in favor of FSA and denied Campagnolo’s motion for judgment notwithstanding the jury verdict and for a new trial. The district court also denied FSA’s motion for attorneys’ fees. FSA and Campagnolo both appeal. We affirm the district court.

Campagnolo challenges the denial of judgment notwithstanding the verdict. Judgment notwithstanding the verdict is proper, however, if the evidence permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict. E.E.O.C. v. Go Daddy Software, Inc., 581 F.3d 951, 961 (9th Cir.2009). To…