Guggenheim Capital, LLC v. Birnbaum

CHIN, Circuit Judge:

Defendant-appellant David Birnbaum solicited investors to buy various financial products while presenting himself as “David B. Guggenheim.” Plaintiffs-appellees are entities with rights or licenses to registered trademarks bearing the “Guggenheim” name. They filed suit alleging trademark infringement and other federal and state law claims. Birnbaum never answered the complaint, failed to comply with the district court’s discovery orders, disrupted his own deposition, and violated — on at least two occasions — a preliminary injunction precluding use of the “Guggenheim”…