Louis Vuitton Malletier, S.A., sued Managed Solutions Group, Inc. (“MSG�), Akanoc Solutions, Inc., and Steven Chen (collectively “Defendants�)1 for contributory copyright and trademark infringement, contending that Defendants were liable for their role in hosting websites that directly infringed Louis Vuitton’s trademarks and copyrights. After a trial, a jury found Defendants liable and

This contract interpretation case is the second appeal arising out of a dispute between SCO Group, Inc. and Novell, Inc. over copyright ownership of early versions of the UNIX operating system and the scope of Novell’s rights in licenses issued to its former customers prior to its partial sale of UNIX to SCO. In the first appeal, we reversed a summary judgment in favor of Novell because question

Home Depot has more than 2,000 retail stores, each of which stocks thousands of items. Customers can buy more than 250,000 items on Home Depot’s web site, or by special order at a retail outlet. It would be impossible to manage such a complex inventory without a computer database—and setting up a database requires a classification of its contents into categories, such as hand tools and applian

Plaintiff-Appellant Marcia Bryson appeals the district court’s grant of summary judgment to Defendants-Appellees Middlefield Volunteer Fire Department, Inc. (the “Department�) and Scott Anderson (together, “Defendants�), on her claims of sexual harassment and retaliation brought pursuant to Title VII of the Civil Rights Act of 1964. Specifically, Bryson appeals the district court’s con

In this appeal, we once again consider a request by Perfect 10, Inc. for a preliminary injunction against Google, Inc. See Perfect 10, Inc. v. Amazon.com, Inc. (Perfect 10 II), 508 F.3d 1146 (9th Cir. 2007). Because Perfect 10 has not demonstrated that it would likely suffer irreparable harm in the absence of a preliminary injunction, we affirm

Plaintiff–Appellant Omar Jaso commenced this lawsuit against Defendants–Appellees, alleging, inter alia, that they had infringed a copyright he held in a musical composition by creating a derivative composition that they used in a widespread advertising campaign. Defendants moved for dismissal of Jaso’s amended complaint under Federal Rule of Civil Procedure 12(b)(6) on the basis that Jasoâ€

Michael Brewer and Brewer Media Associates, Inc. appeal from an order of the superior court denying their special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute).1 Appellants contend the trial court erred in denying their anti-SLAPP motion because (1) respondent Stafford Bailey’s claims against appellants are subject to being stricken under the anti- SLAPP

A.V.E.L.A., Inc., X One X Productions, and Art-Nostalgia.com, Inc. (collectively, “AVELA�) appeal a permanent injunction prohibiting them from licensing certain images extracted from publicity materials for the films Gone with the Wind and The Wizard of Oz, as well as several animated short films featuring the cat-and- mouse duo “Tom & Jerry.� The district court issued the permanent injunc

After prevailing at trial in this copyright infringement case, the plaintiff sought and recovered substantial attorneys' fees. The defendants contest the fee award. Concluding that the district court acted within the realm of its discretion, we affirm.

I. BACKGROUND

The relevant facts are easily catalogued. On August 8, 2008, plaintiff-appellee Jason Spooner filed a complain

Orrin Lynn Tolliver, Jr. sued James McCants on a copyright violation theory claiming that Defendant allowed others to pay and record "I Need A Freak" without his permission.

In 2000, the song was included on the compilation, "In Da Beginning...There Was Rap," from Priority Records, which caused Tolliver to send McCants a cease-and-desist letter. His former friend and collaborator denied iss

Peter Murphy (“Murphy�) has filed an appeal from the decision of the District Court granting summary judgment to Millennium Radio Group, Craig Carton, and Ray Rossi (the “Station Defendants�) on Murphy‟s claims for violation of the Digital Millennium Copyright Act (“DMCA�), copyright infringement, and defamation under state law. For the reasons given below, we reverse on all counts.<

Seng-Tiong Ho and Yingyan Huang brought this action against Allen Taflove and Shi- Hui Chang in the United States District Court for the Northern District of Illinois. They alleged that the defendants, members of another research team at the same university, violated the Copyright Act by publishing equations, figures and text copied from the plaintiffs’ work. The plaintiffs also raised several s

Syl Johnson, an American blues and soul singer—well known in the 1960s and 1970s for his exploration of African-American identity and social problems—wrote a song entitled, “Is It Because The song is available at: 1 http://www.youtube.com/watch?v= zKfZYgHm8So (last visited May 17, 2011). 2 The members of Cypress Hill—Lawrence Muggerud, Senen Reyes, and Louis Freese—are also named defenda

In nineteen issues, Game Systems, Inc. a/k/a Texas Game Systems appeals from the trial court’s denial of its motion for summary judgment against and the grant of summary judgment for Forbes Hutton Leasing, Inc. (Leasing), Gametronics Gaming Equipment Limited (Tronics), and Robert Houchin (Houchin) (collectively Appellees). We affirm in part and reverse in part. Because we hold that the trial c

Defendants Thomas Haughey and USI MidAtlantic, Inc. appeal a second time from a judgment entered against them in the Eastern District of Pennsylvania. (Our earlier decision, to which we will refer as Graham I, is reported at 568 F.3d 425 (3d Cir. 2009).) A jury found Haughey and USI liable for surreptitiously infringing the William A. Graham Company‘s copyrights over the course of more than a de

In a landmark case that has major implications for certification organizations nationwide, the National Commission for the Certification of Crane Operators (NCCCO) today prevailed in a lawsuit brought against it in California Superior Court by California Crane School (CCS) and its owner, John Nypl. After deliberating for less than one day, a 12-member jury returned a complete defense verdict for N

Arista Records, LLC, Atlantic Records Corporation, BMG Musci, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records, LLC, Motown Record Company, LP, Priority Records, LLC, Sony BMG Music Entertainment, UMG Recording, Inc. Virgin Records America, Inc. and Warner Bros. Records, Inc. sued Lime Group, LLC, Lime Wite LLC, M.J.G. Lime Wire Family Limited Partners

In Hollywood, writers commonly submit copyrighted scripts to producers with the understanding that if the script is used, the producer must compensate the writer for the use of the copyrighted material. But what happens when the producer uses the idea or concept embodied in the script, but doesn’t pay? The Supreme Court of California, in 1956, answered this question by recognizing an implied con

Appellant, Samuel Watkins (“Watkins�), a copyright and trademark attorney, appeals pro se the district court’s summary judgment in favor of the United States Bureau of Customs and Border Protection (“CBP�) in his eight Freedom of Information Act (“FOIA�), 5 U.S.C. § 552, requests for 19 C.F.R. § 133.21(c) Notices of Seizure of Infringing Merchandise (“Notices of Seizure� or “

This appeal presents questions regarding the citizen-suit provisions in the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., including when a narrower government enforcement lawsuit may preclude a broader citizen suit, and how the citizen-suit provisions interact with the federalism doctrines of Colorado River and Burford abstention. The district court in this cas

Plaintiff-Appellant Novell, Inc. (“Novell�) appeals from the district court’s grant of summary judgment in favor of Defendant-Appellee Vigilant Insurance Company (“Vigilant�). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

On January 20, 2004, SCO Group (“SCO�) sued Novell in state court in Utah, alleging a single cause of action—slander of tit

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r

Plaintiff-Appellee Alea London Limited (“Alea� or “the insurer�) filed this declaratory judgment action, alleging it had no duty to defend or indemnify its insured, defendant American Home Services, Inc. (“AHS� or “the insured�), in state court litigation brought by A Fast Sign Company, Inc. (“FastSigns�). In the state lawsuit, FastSigns sued the insured, AHS, for sending unsol

This case concerns a copyright infringement action brought by Saregama India Ltd. (“Saregama�) against the Defendants for copying, or digitally sampling, a portion of the Indian song, “Baghor Mein Bahar Hai� (“BMBH�), in the hip-hop song, “Put You on the Game� (“PYOG�). Saregama, an Indian music production and distribution company, claims that it owns a copyright in the sound r

Capital Records, L.L.C.; Caroline Records, Inc.;p EMI Christian Music Group, Inc.; Nara Productions, Inc.; Priority Records, LLC; and Virgin Records America, Inc. sued Basebeat, Inc., Bluebeat, Inc., Media Rights Technologies, Inc. and Hank Risan on copyright violation theories claiming that defendants sold Beatles Songs online for 25 center apiece before they became legally available.

Blue