Horphag Research Ltd v. Larry Garcia, Dba healthierlife.com, and Mario Pellegrini, Dba healthdiscovery.com

We are called upon to consider, for a second time, Defendant Larry Garcia’s use of Horphag Research Ltd’s (“Horphag’s”) trademark Pycnogenol. In a previous appeal, we affirmed the district court’s grant of judgment as a matter of law on Horphag’s trademark infringement claims. See Horphag Research Ltd. v. Pellegrini, 337 F.3d 1036, 1042 (9th Cir.2003). We vacated the district court’s order on Hor-phag’s trademark dilution claim and asked the district court to reconsider its decision in light of the Supreme Court’s opinion in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 , 123 S.Ct. 1115 , 155 L.Ed.2d 1 (2003). On remand, the district court granted Horphag’s motion for summary judgment on its trademark dilution claim and reinstated its original attorneys’ fees award. Defendant Larry Garcia, appealing in pro per, again challenges the district court’s grant of summary judgment on Horphag’s trademark dilution claim and the corresponding attorneys’ fees award. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

I. Factual and Procedural Background

The facts of this case are largely the same as those upon which we based our previous opinion, and we…