National Commission for Certification of Crane Operators, Inc. v. California Crane School, Inc.

MEMORANDUM

California Crane School, Inc. (“CCS”) and its owner John Nypl appeal the district court’s grant of summary judgment to National Commission for the Certification of Crane Operators, Inc. (“NCCCO”) on its breach of contract and civil contempt claims, and the district court’s award of attorney’s fees. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not err in granting summary judgment on the breach of contract claim. We review a district court’s grant of summary judgment de novo. Oak Harbor Freight Lines, Inc. v. Sears Roebuck, & Co., 513 F.3d 949, 954 (9th Cir.2008). No genuine issue of material facts exists as to whether CCS breached the parties’ 2005 settlement agreement by using the “CCO” mark in Internet domain names that advertised CCS’s crane operator training courses. Internet addresses are not case-sensitive, and thus registering domains containing those letters, like ccotesting.com, was a breach of the agreement. CCS and Nypl admitted that they or their agents renewed the registration of fourteen domain names incorporating “CCO” after entering the settlement agreement. Nypl’s self- serving affidavit did not suffice to…