This week, the Ninth Circuit digs into the Lanham Act, addressing what happens when two businesses have a similar name and interpreting the statute’s provision for serving foreign registrants. ...more
This week, we take a look at Ninth Circuit decisions explaining the scope of the de minimis use defense in copyright infringement actions and clarifying the Americans with Disabilities Act’s requirements for spectator...more
9/14/2021
/ Affirmative Defenses ,
Americans with Disabilities Act (ADA) ,
Arenas and Stadiums ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Protection ,
Remand ,
Seating ,
Spectator Sports ,
The Copyright Act ,
Vacated
This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more
2/8/2021
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Intellectual Property Protection ,
Joint and Several Liability ,
Remand ,
Res Judicata ,
Statutory Damages ,
Vacated
As one might expect, the past two weeks in the Ninth Circuit have been relatively quiet (though emergency litigation concerning California’s shelter-in-place order has kept some panels very busy). But as always, the Court...more
This week, we take a look at Ninth Circuit cases holding a ban on mobile billboards subject to strict scrutiny given the vehicles exempted from its scope, and addressing the standards governing summary judgment and discovery...more
This week, we examine a Ninth Circuit decision addressing whether a plaintiff pursuing a Lanham Act counterfeiting claim must demonstrate that consumers were likely to be confused (the answer: yes), and another resolving the...more
This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more
9/15/2020
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Appellate Courts ,
Authors ,
Burden-Shifting ,
Copyright ,
Copyright Infringement ,
Disability Access Claims ,
Fair Use ,
Intellectual Property Protection ,
Judgment As A Matter Of Law ,
Public Accommodation ,
Screenplays ,
Split of Authority ,
Summary Judgment ,
Theater Productions