Toshiba America Information Systems, Inc. v. Advantage Telecom, Inc.

MEMORANDUM *

Telquest International, Inc. (“Telquest”) appeals the district court’s partial grant of summary judgment in favor of Toshiba America Information Systems, Inc. (“Toshiba”) on Toshiba’s trademark infringement claim, 15 U.S.C. § 1125 (a), and the entry of a permanent injunction against Telquest. We affirm. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

On the liability issue, Telquest does not argue before us that the district court improperly decided any genuine issues of material fact, and, indeed, asserts that we should review the district court’s findings of fact for clear error, the standard of review applicable when the district court is authorized to make factual findings. Further, because Toshiba withdrew its request for damages relief, any trial would be a bench, not a jury, trial. Accordingly, we consider the liability issue as one in which the judge appropriately resolved any factual questions and apply the clear error standard to issues of fact. See Starsky v. Williams, 512 F.2d 109, 111 (9th Cir.1975). We review issues of law, of course, de novo. Freeman v. Allstate Life Ins. Co., 253 F.3d 533, 536…