Heary Bros. Lightning Protection Co. v. Lightning Protection Institute

MEMORANDUM **

The facts of this case are familiar to the parties and we do not repeat them here. Heary Bros. Lightning Protection Co., Inc., its division Lightning Preventor of America, Inc., and National Lightning Protection Corporation (collectively, “the plaintiffs”), appeal the decision of the district court granting summary judgment to East Coast Lightning Equipment, Inc. (“East Coast”) on the plaintiffs’ Sherman Act claim. The plaintiffs also appeal the scope of an injunction entered against it as a result of East Coast’s successful Lanham Act counterclaim and the award of sanctions for the plaintiffs’ failure to oppose East Coast’s motion for summary judgment on counts II, III, and IV of the Second Amended Complaint. For the reasons stated below, we affirm in part, modify the injunction, and reverse in part.

I. SHERMAN ACT CLAIM

We review a district court’s grant of summary judgment de novo. See MetroNet Servs. Corp. v. Qwest Corp., 383 F.3d 1124, 1128 (9th Cir.2004). Summary judgment is appropriate when the record, viewed in the light most favorable to the non-moving party, “show[s] that there is no genuine issue as to any material fact and that the moving party is…