Dunbar

World Triathlon Corp. v. Dunbar

Good Law
320 F. App'x 795
United States Court of Appeals for the Ninth CircuitApril 2, 2009No. 07-17299California459 words

Opinion

Lead Opinion

MEMORANDUM **

John P. Dunbar appeals pro se from the district court’s summary judgment for World Triathlon Corporation (“WTC”) in its action against Dunbar alleging trademark infringement and state law causes of action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment. Au-Tomotive Gold, Inc. v. Volkswagen of America, Inc., 457 F.3d 1062, 1075 (9th Cir.2006). We review for abuse of discretion the district court’s decision to reject an affirmative defense of laches. Reno Air Racing Ass’n., Inc. v. McCord, 452 F.3d 1126, 1138 (9th Cir.2006). We may affirm on any basis supported by the record, whether or not relied upon by the district court. Hall v. N. Am. Van Lines, Inc., 476 F.3d 683, 686 (9th Cir.2007). We affirm.

The district court properly granted summary judgment to WTC because Dunbar failed to raise a triable issue as to whether WTC had an exclusive right to the contested trademarks, see Watec Co., Ltd. v. Liu, 403 F.3d 645, 652 (9th Cir.2005), and whether Dunbar’s use of the trademarks created a likelihood of confusion about the source or sponsorship of Dunbar’s products, see Au-Tomotive Gold, Inc., 457 F.3d at…

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