Posts Tagged: U.S. Court of Appeals for the Ninth Circuit


Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement

On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
By Steve Brachmann
6 months ago 1

Is Litigation Threatening to Burst the [Red]bubble? Courts Weigh in On IP Implications of Redbubble’s Unique Online Marketplace

With brick-and-mortar stores closing at rapid paces and online sales surging, marketers are developing new models to facilitate sales through innovative online platforms. One of those new …

Skidmore Seeks a Second Chance at SCOTUS in Led Zeppelin Copyright Case

On October 30, Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, filed a petition for rehearing of the denial of its August 6 petition for writ of certiorari …
By Rebecca Tapscott
1 year ago 0

The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach

The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
By James Edwards
1 year ago 1

Ninth Circuit Holds that Jersey Boys Did Not Infringe ‘Protected Expressive Elements’ of Autobiographical Book

Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a decision on appeal from the U.S. District Court for the District of …
By Rebecca Tapscott
1 year ago 0

Second Circuit Joins Ninth Circuit Approach to Assessing Individual Copyright Claims in Group Registrations

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision in Sohm v. Scholastic in which the appellate court reversed in part …
By Steve Brachmann
2 years ago 0

Bad Spaniels Make Bad Law: Ninth Circuit Says Dog Toy is an Expressive Work Entitled to First Amendment Protection

The U.S. Court of Appeals for the Ninth Circuit held that a squeaking dog toy resembling a bottle of Jack Daniel’s whiskey is an expressive …
By Jared Kagan
2 years ago 2

Ninth Circuit Alters Its Approach to Assessing Copyright Infringement in Ruling for Led Zeppelin

The en banc U.S. Court of Appeals for the Ninth Circuit has ultimately sided with Led Zeppelin in a long-running case examining whether the opening notes …
By Eileen McDermott
2 years ago 6

Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument

On February 13, the Ninth Circuit heard oral argument in the FTC v. Qualcomm case. Counsel for Qualcomm and the Federal Trade Commission (FTC) argued primarily about whether …
By Kristen Osenga
2 years ago 0

Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs

On August 30, a number of amicus briefs were filed in the FTC v. Qualcomm appeal in the U.S. Court of Appeals for the Ninth Circuit. The …
By Kristen Osenga
2 years ago 0

FTC Commissioner Christine Wilson Tells Patent Masters Attendees FTC v. Qualcomm Decision ‘Scares Me’

Commissioner Christine Wilson of the U.S. Federal Trade Commission (FTC) addressed the IPWatchdog Patent Masters Symposium on Tuesday, September 10, emphasizing three main points in her keynote: …
By Eileen McDermott
2 years ago 0

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
3 years ago 1

Iconic Michael Jordan Photograph Not Infringed – Ninth Circuit

The case is interesting, however, not just because it involved famous subjects – a “renowned photographer” (as the Plaintiff was described in the court’s first sentence), a …
By David Levitt
4 years ago 1

Ninth Circuit says ‘Blurred Lines’ Infringed Marvin Gaye’s ‘Got To Give It Up’

On Wednesday, March 21, 2018, a panel of the United States Court of Appeals for the Ninth Circuit ruled that the song Blurred Lines infringed the copyright in Marvin …
By Gene Quinn
4 years ago 1