Smithson

MEMORANDUM *

This is a business torts case arising from Proterion Corporation’s bankruptcy. We *238 reverse the grant of summary judgment on two of Wyatt’s trademark claims and its conversion claim and remand for further proceedings. We affirm summary judgment on Wyatt’s remaining claims. We also affirm the grant of summary judgment on Appellees’ (collectively ‘Smithson’) counterclaims, but remand the damages calculation. Finally, because we remand for further proceedings, we vacate the award of attorneys’ fees as premature.

A. Wyatt’s Trademark Claims

The analysis of federal and California trademark claims is “substantially congruent.” Cleary v. News Corp., 30 F.3d 1255, 1262-63 (9th Cir.1994). Wyatt’s trademark claims concerning domain names could have been brought under either the Lanham Act or the Anticybers-quatting Protection Act. See Bosley Med. Inst., Inc. v. Kremer, 403 F.3d 672, 674 (9th Cir.2005). Wyatt brought suit only under the former, so it must show a use of the mark in connection with the sale of goods. 15 U.S.C. § 1125 (a)(1). Linking to commercial business qualifies. See Bosley Med. Inst., 403 F.3d at 677-78 . The district court’s contrary ruling constitutes…