United States Ninth Circuit

In a declaratory action seeking to protect plaintiff's interests in a trademark licensing agreement, district court order confirming an arbitration award is affirmed in part and reversed in part where: 1) the arbitrator properly arbitrated equitable claims; 2) the arbitrator's award is not completely irrational; 3) the arbitrator exceeded the scope of his authority by enjoining plaintiff's non-party affiliates; and 4) the arbitrator's award violates the California Business and Professions Code. Appeal of the district court order compelling arbitration is untimely and the court lacks jurisdiction to consider the issue.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• GOULD, Circuit Judge:, Before:  JEROME FARRIS and RONALD M. GOULD, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karina B. Sterman, Kelly O. Scott, Ervin, Cohen & Jessup, LLP, Beverly Hills, CA, for appellants Comedy Club, Inc. and Al Copeland Investments, Inc.


• For Appellees:
  
• Robert N. Klieger, Irell & Manella LLP, Los Angeles, CA, for appellees Improv West Associates and California Comedy, Inc.