Guichard
Guichard v. Universal City Studios LLLP
Opinion
Lead Opinion
MEMORANDUM **
Robert Guichard appeals pro se from various orders of the district court in his trademark infringement action, including summary judgment and an award of attorney’s fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Chance v. Pac-Tel Teletrac Inc., 242 F.3d 1151, 1156 (9th Cir.2001), and for an abuse of discretion its award of attorney’s fees, Cairns v. Franklin Mint Co., 292 F.3d 1139, 1156 (9th Cir.2002). We affirm.
The district court properly granted summary judgment in favor of Universal on Guichard’s Lanham Act claim. See Chance, 242 F.3d at 1154, 1159 (affirming summary judgment where plaintiff failed to raise a triable issue as to whether it was the first to use the disputed mark “in commerce”). The district court properly denied Guichard’s motion under Federal Rule of Civil Procedure 56(f) because he failed to “show how allowing additional discovery would have precluded summary judgment.” Id. at 1161 n. 6 (internal citation and quotation marks omitted); see also Qualls by & Through Qualls v. Blue Cross of Cal., 22 F.3d 839 , 844 (9th Cir.1994) (reviewing de novo the district court’s…