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HORPHAG RESEARCH LTD. v. GARCIA

No. 04-55373.

475 F.3d 1029 (2007)

HORPHAG RESEARCH LTD, Plaintiff-Appellee, v. Larry GARCIA, dba Healthierlife.Com, Defendant-Appellant, and Mario Pellegrini, dba Healthdiscovery.Com, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2007.

Attorney(s) appearing for the Case

Larry Garcia, San Antonio, TX, pro se.

Marvin S. Gittes, Timur E. Slonim, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., New York, NY, for the plaintiff-appellee.

Before HARRY PREGERSON and SIDNEY R. THOMAS, Circuit Judges, and LOUIS F. OBERDORFER, Senior Judge.

PREGERSON, Circuit Judge.

We are called upon to consider, for a second time, Defendant Larry Garcia's use of Horphag Research Ltd's ("Horphag's") trademark Pycnogenol. In a previous appeal, we affirmed the district court's grant of judgment as a matter of law on Horphag's trademark infringement claims. See Horphag Research Ltd. v. Pellegrini, 337 F.3d 1036, 1042 (9th Cir.2003). We vacated the district court's order on Horphag...

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