Brown Bag Software v. Symantec Corp. John L. Friend

29 F.3d 630 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BROWN BAG SOFTWARE, Plaintiff-Appellant, v. SYMANTEC CORP.; John L. Friend, Defendants-Appellees. No. 92-17119. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 16, 1994. Decided June 28, 1994. Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Brown Bag Software appeals the district court's grant of summary judgment on its claim for false designation of origin under Sec. 43(a) of the Lanham Act, 15 U.S.C. Sec. 1125 (a). We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 * On remand from this court for clarification of its earlier summary judgment ruling, the district court stated that "[i]t was my intention to grant summary judgment with respect to all the federal claims including the ... claim for false designation of origin...." It then entered judgment on that claim nunc pro tunc. 4 Even though Brown Bag argues that it didn't realize summary judgment was…