National Products Inc v. Gamber-Johnson LLC

MEMORANDUM

National Products, Inc. (“NPI”) and Gamber-Johnson LLC (“Gamber”) separately appeal the district court’s rulings in a false advertising action arising under 15 U.S.C. § 1125 (a) of the Lanham Act. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

NPI presented sufficient evidence to support its false advertising claim, including the jury findings of falsity and deliberateness. See Southland Sod Farms v. Stover Seed Co., 108 F.3d 1134 , 1139, 1146 (9th Cir.1997). Therefore, the district court did not err in denying Gamber’s motions for judgment as a matter of law with respect to liability. See El-Hakem v. BJY Inc., 415 F.3d 1068, 1072 (9th Cir. 2005).

The award of attorneys’ fees was not an abuse of discretion. See Interstellar Starship Services, Ltd. v. Epix Inc., 184 F.3d 1107, 1112 (9th Cir.1999). Under the Lan-ham Act, the district court may award attorneys’ fees to the prevailing party “in exceptional cases.” 15 U.S.C. § 1117 (a). A case is “exceptional” when the conduct is “willful, deliberate, knowing or malicious.” Earthquake Sound Corp. v. Bumper Indus., 352 F.3d 1210, 1216-17 (9th Cir.2003). Because sufficient evidence supported the jury’s finding…