Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S
Ninth Circuit revives photographers claims of willful copyright infringement against Live Nation Merchandise over Run DMC photograph it used without
In May of 2016, "Cruz for President" and its ad agency (together "Cruz") were sued by a music downloading website and two artists (collectively
In Washington Shoe Co. v. A-Z Sporting Goods, Inc. (U.S. Court of Appeals Ninth Circuit, No. 11-35166, Dec. 17, 2012), the Ninth Circuit expanded the exercise by Federal District Courts of personal jurisdiction over out-of-jurisdiction defendants in federal copyright cases.
District court denies plaintiff’s request for an injunction preventing defendants, including the Baltimore Ravens football team, from using the team’s infringing “Flying B” logo which has since been replaced in highlight films and video clips, finding that plaintiff did not meet his burden of establishing the four factors supporting injunctive relief, and directing the parties to “make an effort to reach agreement” as to the reasonable compensation owing to plaintiff for the use of the infringing logo in the films at issue.
Plaintiff Louis Vuitton Malletier S.A. (“Vuitton”) sells luxury goods under the famous LV mark. Defendant Akanoc Solutions, Inc. (“Akanoc”) provided web-hosting services to websites selling counterfeit LV goods.
In an appeal in an action for contributory copyright and trademark infringement, the U.S. Court of Appeals for the Ninth Circuit held that there may only be a single award of statutory damages for willful contributory copyright and willful contributory trademark infringement.
The Ninth Circuit Court of Appeals has abandoned its long-standing precedent that a presumption of irreparable harm exists in copyright infringement cases, articulated in Elvis Presley Enterprises, Inc. v. Passport Video, 349 F.3d 622, 627 (9th Cir. 2003), holding that two recent cases of the U.S. Supreme Court have brought an end to the long-standing doctrine.
The long-held rule in the Ninth Circuit was that a plaintiff, in a copyright infringement claim, is presumed to have suffered irreparable harm upon a showing of likelihood of success.
District court denies motion for preliminary injunction in a false advertising action brought by manufacturer of knives, concluding that under Supreme Court eBay v. MercExchange decision, irreparable harm may not be presumed once there is a showing of a likelihood of success on the merits.