World Triathlon Corp. v. Hapai
Opinion of the Court
MEMORANDUM
Archie Hapai and John P. Dunbar appeal pro se from the district court’s judgment awarding attorneys’ fees to World Triathlon Corporation after it obtained summary judgment against them in a trademark infringement action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s determination that a case is “exceptional” under 15 U.S.C. § 1117(a) such that attorneys’ fees may be warranted. Earthquake Sound Corp. v. Bumper Indus., 352 F.3d 1210, 1216 (9th Cir. 2003). Where a trademark case is exceptional, we review a district court’s decision to award attorneys’ fees for an abuse of discretion. Id. We affirm the judgment as to Dunbar and dismiss as to Hapai.
We dismiss Hapai’s appeal from the judgment because he does not dispute that he did not sign his notice of appeal. See Elias v. Connett, 908 F.2d 521, 522 n. 1 (9th Cir. 1990) (declining to consider issues raised by an appellant who did not personally sign her notice of appeal).
Dunbar’s remaining contentions are unavailing.
Appeal number 08-16470 is DISMISSED.
The judgment in appeal number 08-16475 is AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- WORLD TRIATHLON CORPORATION v. Archie HAPAI, and John P. Dunbar, individually and dba Hawaiian Ironman Triathlon Organizing Committee
- Cited By
- 1 case
- Status
- Published