Tobinick

Tobinick v. Scripps Clinic Medical Group, Inc.

Good Law
81 F. App'x 677
United States Court of Appeals for the Ninth CircuitNovember 19, 2003No. 02-56026California530 words

Opinion

Lead Opinion

*679 MEMORANDUM **

Plaintiffs/AppeUants, Edward Lewis Tobinick, M.D., a medical corporation, and Edward Lewis Tobinick, M.D., the individual (collectively “Tobinick”), appeal from the district court’s denial of three post-trial motions. Despite a jury verdict in favor of Defendant/Appellee Joel Rosenberg on Tobinick’s trademark infringement claims, Tobinick moved for statutory damages under 15 U.S.C. § 1117 (c), which governs counterfeited trademarks, and for a finding of willful infringement to support an award of attorneys’ fees for plaintiffs. Tobinick also moved for a new trial, challenging the district court’s instruction on likelihood of confusion and an evidentiary ruling. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Tobinick failed to object to the district court’s jury instruction on likelihood of confusion at the time of trial as required by Fed.R.Civ.P. 51. See Voohries-Larson v. Cessna Aircraft Co., 241 F.3d 707, 713 (9th Cir.2001). Because in the Ninth Circuit there is no “plain error” exception to the requirements of Rule 51 in civil cases, Tobinick’s objection is waived. See Hammer v. Gross, 932 F.2d 842, 847 (9th Cir.1991). The waived objection…

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