United States Ninth Circuit

In a suit by the owner and operator of a skydiving center against the operator of an internet and telephone-based skydiving advertising service for false advertising, trademark infringement and cybersquatting: 1) the district court's grant of partial summary judgment to the plaintiff on its false advertising claim is affirmed, where the district court did not err in finding materiality based upon a declaration and evidence from other consumers rather than the results of a consumer survey; 2) the district court did not abuse its discretion in upholding the jury's award of actual damages and lost profits; and 3) the district court's actual damages enhancement is reversed because it hinged upon punishing the willful conduct of the defendant.

Appellate Information

• Decided 03/12/2012
• Published 03/12/2012

Judges

• M. Smith

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel H. Brombert, Sid Leach