Hwe, Inc., Plaintiff-Counter-Defendant-Appellant v. Jb Research, Inc. Hammacher Schlemmer, Defendants-Counter-Claimants-Appellees

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HWE, INC., Plaintiff-Counter-Defendant-Appellant, v. JB RESEARCH, INC.; Hammacher Schlemmer, Defendants-Counter-Claimants-Appellees. No. 93-56555. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1995. Decided Sept. 22, 1995. 1 Before: D.W. NELSON and CANBY, Circuit Judges; TANNER, * District Judge. 2 MEMORANDUM ** 3 HWE, Inc. appeals the district court's award of attorneys' fees to JB Research, Inc., pursuant to Section 35 of the Lanham Act as amended, 15 U.S.C. Sec. 1117 (a), following our affirmance of the district court's grant of summary judgment to JB Research in HWE, Inc. v. JB Research, Inc., 993 F.2d 694 (9th Cir.1993) ("HWE I"). We have jurisdiction over this timely filed appeal, and we affirm. 4 We review an award of attorneys' fees under the Lanham Act for abuse of discretion. Transgo, Inc. v. Ajac Transmission Parts Corp., 768 F.2d 1001, 1026-27 (9th Cir.1985), cert.…