Court of Appeals for the Ninth Circuit January 9, 2007, 04-55373 (Horphag Research Ltd v. Larry Garcia, Dba healthierlife.com, and Mario Pellegrini, Dba healthdiscovery.com)

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).