Table of Contents:
• United Fabrics International, Inc. v. C&J Wear, Inc.
• Kwan v. Schlein
United Fabrics International, Inc. v. C&J Wear, Inc., USCA Ninth Circuit, January 26, 2011
• The Ninth Circuit reverses the district court’s sua sponte dismissal of plaintiff’s copyright infringement claim, explaining that the defendants failed to rebut the presumption of plaintiff’s valid copyright because the defendants did not provide any evidence denying or disputing the facts in the copyright certificate.
Kwan v. Schlein, USCA Second Circuit, January 25, 2011
• The Second Circuit affirms the district court’s holding that where a claim of copyright infringement cannot be decided without adjudicating a dispute concerning plaintiff’s ownership of the underlying copyright, and plaintiff’s ownership claim was time-barred by the statute of limitations, the claim of copyright infringement is also time-barred.
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