Bulat

MEMORANDUM *

The district court granted K&N’s motion for summary judgment on trademark infringement under 15 U.S.C § § 1114(1) and 1125(a), trademark counterfeiting under § 1114(l)(a), trademark dilution under § 1125(c), and related state law statutory and common law causes of action. Pursuant to 15 U.S.C. §§ 1116 and 1117(c), the district court awarded $20,000 in statutory *995 damages and injunctive relief. 1 We affirm.

Based on our de novo review, the evidence is clear that Bulat and Wandel’s intentional use of the K&N mark was likely to cause confusion among consumers and post-purchase observers of the counterfeit goods. 15 U.S.C. § 1114 (l)(a); AuTomotive Gold v. Volkswagen of Am., Inc., 457 F.3d 1062, 1075-76 (9th Cir.2006). The evidence introduced by Bulat and Wandel that their decals differed in size and color from K&N’s decals, and that one consumer was not confused as to the source of the decals, is insufficient to raise a material issue of disputed fact regarding likelihood of confusion. Because the K&N mark does not serve an aesthetic purpose wholly independent from its function of identifying K&N, Bulat and Wandel’s aesthetic functionality defense fails. AuTomotive…