Hapai

World Triathlon Corp. v. Hapai

Good Law
320 F. App'x 778
United States Court of Appeals for the Ninth CircuitApril 2, 2009Nos. 08-16470, 08-16475California377 words

Opinion

Lead Opinion

MEMORANDUM **

Archie Hapai and John P. Dunbar appeal pro se from the district court’s judgment awarding attorneys’ fees to World Triathlon Corporation after it obtained summary judgment against them in a trademark infringement action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s determination that a case is “exceptional” under 15 U.S.C. § 1117 (a) such that attorneys’ fees may be warranted. Earthquake Sound Corp. v. Bumper Indus., 352 F.3d 1210, 1216 (9th Cir.2003). Where a trademark case is exceptional, we review a district court’s decision to award attorneys’ fees for an abuse of discretion. Id. We affirm the judgment as to Dunbar and dismiss as to Hapai.

We dismiss Hapai’s appeal from the judgment because he does not dispute that he did not sign his notice of appeal. See Elias v. Connett, 908 F.2d 521 , 522 n. 1 (9th Cir.1990) (declining to consider issues raised by an appellant who did not personally sign her notice of appeal).

*780 The district court properly determined that this case is “exceptional” under 15 U.S.C. § 1117 (a), because the record shows that Dunbar’s infringement was “willful and deliberate, and therefore,…

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