Legal Opinion · Concurrence

Anhing Corp. v. Viet Phu, Inc.

Court of Appeals for the Ninth Circuit

Decided November 4, 2016No. 14-56664, 14-56914Unpublished

1ConcurrenceReinhardt, Circuit Judge

1. I would reject Anhing’s claim that the district court abused its discretion when it excluded evidence pertaining to the amount of damages suffered by Anhing because the jury found no likelihood of confusion between the parties’ marks and thus no liability for Viet Phu.

2. I would reject Anhing’s claim that the district court abused its discretion by denying a request for a bench trial because the Supreme Court has rejected a right to a bench trial even where only equitable relief is sought. See Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 510 & n.17, 79 S.Ct. 948, 3 L.Ed.2d 988 (1959)…

2Cases cited3 opinions

  1. Hurwitz v. HurwitzCourt of Appeals for the D.C. Circuit · 1943
  2. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  3. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963

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