Century 21 Real Estate LLC v. Century Surety Co.

MEMORANDUM **

Century 21 Real Estate LLC filed this action, apparently as part of an aggressive program of protecting its service marks. At issue is whether Century Surety Co. (Century Surety), an insurance underwriting firm that has been operating at a national level since at least the early 1990s, may continue to use the term “Century” in connection with its services. The district court granted summary judgment to Century Surety on Century 21’s infringement, dilution, unfair competition, and registration claims. In the process, the court denied two motions to amend and struck portions of declarations submitted by Century 21 representative Dale Omer. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we will not recite them here.

The district court did not abuse its discretion in denying Century 21’s motions to amend. Both motions were filed after summary judgment had been briefed and argued and would have required reopening discovery. See M/V Am. Queen v. San Diego Marine Constr. Corp., 708 F.2d 1483, 1492 (9th Cir.1983); Roberts v. Ariz. Bd. of Regents, 661 F.2d 796, 798 (9th Cir.1981). Likewise, the district…