This suit by Slep-Tone Entertainment Corporation raises trademark infringement claims against Canton Phoenix Incorporated and its owner, Bing Pan Zhu, arising out of Canton’s use of unauthorized copies of Slep-Tone’s karaoke accompaniment tracks bearing Slep-Tone’s registered trademarks. ^[1] The district court dismissed Slep-Tone’s claims. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. As we recently held in a case involving identical claims by Slep-Tone, the district court correctly dismissed the Lanham Act claims because Slep-Tone’s complaint instead sounds in copyright. Slep-Tone Entm’t Corp. v. Wired for Sound Karaoke & DJ Servs., LLC , 845 F.3d 1246, 1248-50 (9th Cir. 2017) (citing Dastar Corp. v. Twentieth Century Fox Film Corp. , 539 U.S. 23, 31-34 (2003)).

2. The district court did not abuse its discretion in denying leave to amend the complaint because Slep-Tone did not request below leave to amend to assert copyright claims, and any reassertion of its trademark claims would be futile. See Leadsinger, Inc. v. BMG Music Publ’g , 512 F.3d 522, 532 (9th Cir. 2008).

AFFIRMED.

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

[***] The Honorable Jed S. Rakoff, Senior United States District Judge for the Southern District of New York, sitting by designation.

[1] On appeal, the court has added Phoenix Entertainment Partners, LLC, the successor-in-interest to Slep-Tone Entertainment Corporation, as an additional appellant. We refer to these entities collectively as “Slep-Tone.” 2