Pellegrini

Horphag Research Ltd. v. Pellegrini

Good Law
337 F.3d 1036
United States Court of Appeals for the Ninth CircuitMay 9, 2003Nos. 01-56733, 02-55142California1,890 words

Opinion

Lead Opinion

Pregerson, J.

*1039 OPINION

Defendant-Appellant Larry Garcia, proceeding largely pro se, appeals from the district court’s grant of Plaintiff-Appellee Horphag Research, Ltd.’s (Horphag) motion for judgment as a matter of law following a four-day jury trial. In a separate appeal, Garcia challenges the district court’s award of attorneys’ fees to Hor-phag. Horphag brought an action against Garcia, doing business as “Healthier-life.com,” for trademark infringement under 15 U.S.C. § 1114 (1999) and trademark dilution under 15 U.S.C. § 1125 (c) (1999). The action was prompted by Garcia’s use on his websites of the word “Pycnogenol,” a trademark owned by Horphag.

We have jurisdiction to hear this appeal under 28 U.S.C. § 1291 . We affirm the judgment of the district court both on the trademark infringement claim and the award of attorneys’ fees related to this claim. There is ample evidence in the record to support Horphag’s trademark infringement claim, even viewing the facts in the light most favorable to Garcia. Moreover, the district court did not abuse its discretion in awarding Horphag attorneys’ fees related to the infringement claim, because the district court properly found that Garcia’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.