Plaintiff-Appellant La Resolana Architects, PA, (“La Resolana”) brought an action against Reno, Inc., its president Lance Clay (collectively “Reno, Inc.”), Southwest Investment Trust, and its president Gary Plante (collectively “SWIT”) for copyright infringement, violation of the Lanham Act, and violation of the New Mexico Unfair Trade Practices Act (“UTPA”). After a bench trial, t

Kabushiki Kaisha Molten and Molten USA, Inc. (collectively “Molten”) appeal from a final judgment of the United States District Court for the Western District of Washington denying Molten’s motions for a new trial and judgment as a matter of law (“JMOL”) relating to a jury award of $8,054,579 for false advertising under Section 43 of the Lanham Act. See Baden Sports, Inc. v. Kabushiki Ka

In 2005, Coyne's & Co. ("Coyne"), a Minnesota corporation, entered into a distributor agreement (the "Agreement") with Country Artist, Ltd. ("CA"), a company formed under the laws of England. The Agreement granted Coyne the exclusive right to sell, distribute, market, and advertise all CA products (the "Products"), as well as the use of the trademarks and copyrights associated with the Products, i

Defendants appeal as of right a $156,313 judgment entered by the circuit court in favor of plaintiffs and against defendant Norman H. Ziegelman (Ziegelman), individually, on plaintiffs’ claim of breach of an architect agreement. Ziegelman’s liability for the breach was determined postjudgment through proceedings supplementary to judgment, and liability was predicated on an alter ego theory, wi

Sportsman’s Warehouse filed a declaratory judgment action in the district court seeking a declaration that it did not infringe Steven G. Fair’s copyrights by displaying a bronze elk sculpture designed by Stephen C. LeBlanc, who was also named as a defendant. Sportsmans Warehouse, Inc. v. Fair, 576 F. Supp. 2d 1175, 1180 (D. Colo. 2008). The district court modified and accepted the report and r

Spectrum Worldwide, Inc. (“Spectrum Worldwide”), Celebrity Products Direct, Inc. and Celebrity Products, Inc. (collectively “Celebrity”), Spectrum Worldwide’s president Murray Moss (“Moss”), CEO Lisa Tremain (“Tremain”), and CFO Howard Schwartz (“Schwartz”) (all of the defendants hereinafter referred to as “Spectrum”) asks this court to determine whether the “first publ

This is a copyright infringement case involving rap music. At issue is a song entitled “The Weedman,” created by Plaintiff-Appellant Redwin Wilchcombe (“Wilchcombe”), and incorporated on an album entitled “Kings of Crunk” by Defendants-Appellees (“Appellees”).1 The district court dismissed Wilchcombe’s claim for breach of fiduciary duty pursuant to Federal Rule of Civil Procedure

Friskit, Inc., owns several patents that are directed to the search, retrieval, and playback of multimedia files from a computer network such as the Internet. The overlapping specifications of the patents disclose a system for delivering media content in which a server enables a search for network-accessible media files, creates a playlist from the search results, and causes a media player on the

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch

¶1 This case asks us to decide whether Utah’s long-arm statute extends to defendants who allegedly engaged in a conspiracy to tortiously interfere with the plaintiff’s contract and economic opportunities. We address whether Utah’s long-arm statute provides for jurisdiction over individuals who never physically entered Utah but who conspired to cause tortious injury in Utah, and directed the

An insurer's duty to defend arises "if the insurance policy

conceivably covers the allegations in the complaint, whereas the duty to indemnify exists only if the policy actually covers the insured's liability."1 Here,

the complaint filed by Crocs, Inc., in the federal lawsuit in Colorado against

Australia Unlimited (AU) alleges trade dress violations that are conceivably <

In this copyright infringement action the appellant contends that the district court erred when it examined the two floor-plans at issue, and, emphasizing the differences between the two, concluded “that, as a matter of law, no reasonable fact-finder could conclude” that appellant’s floor-plan (“The Kensington”) was substantially similar to appellee’s floor-plan (“The Westminister”

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch

Beseder, Inc., Dror Darel, Tracy Penwell, and CSTPGU LLC (collectively “Beseder”) and Jean-Emmanuel Renoir (“Renoir”) appeal the district court’s grant of summary judgment in favor of Societe Civile (“Societe”) on Societe’s copyright infringement claim. Societe and Renoir appeal other issues unrelated to the finding of copyright infringement which are discussed in an accompanying m

Donna West sued Tyler Perry and Lions Gate Entertainment, Inc. on a copyright violation theory claiming that Perry copied material from her play "Fantasy of a Black Woman" for his movie "Diary of a Mad Black Woman".

Defendants denied wrongdoing.

Brighton Collectibles, Inc. sued Coldwater Creek Inc., et al on copyright and trade dress infringement theories relating to Brighton's "Brighton Look" collection.

Plaintiffs, Denice Shakarian Halicki, Original Gone in 60 Seconds, LLC, and Halicki Films, LLC (collectively, the “Plaintiffs” or “Halicki”), appeal from so much of a November 14, 2005 summary judgment of the United States District Court for the Central District of California as granted defendants’ — Unique Motorcars, Inc. and Unique Performance, Inc. (collectively, the “Unique Defen

The threshold issue in this appeal is a rather straightforward question: Do we have appellate jurisdiction under the collateral order doctrine to review a district court’s interlocutory order addressing whether an inadvertently disclosed e-mail is protected by the attorney-client privilege? We hold that because the allegedly privileged information has already been disclosed we do not have jurisd

This appeal involves an insurance coverage dispute. Appellant Michael Penzer (“Penzer”) is the assignee of Southeast Wireless, Inc. (“Southeast”). Appellee Transportation Insurance Company (“Transportation”) issued to Southeast a commercial liability policy that included coverage for “advertising injury.” Penzer and Southeast entered into a class action settlement1 of claims that S

In this appeal, clothing retailer Pacific Sunwear of California, Inc. (PacSun) appeals a trial court order granting summary judgment in favor of Olaes Enterprises, Inc. (Olaes) in PacSun's breach of warranty lawsuit. The lawsuit alleges that Olaes breached the warranty contained in section 2312, subdivision (3) of the California Uniform Commercial Code (hereafter section 2312(3)), which requires c

The instant case presents a textbook example of how easy it is to confuse the difference between “necessary” and “sufficient” conditions. In California, all computer software subject to property tax is “bundled” (i.e., comes preinstalled on the computer when you buy it). But not all “bundled” computer software is subject to property taxation. Certain kinds of software are not subje

Qualcomm Incorporated (“Qualcomm”) appeals from a jury’s determination that Qualcomm infringed U.S. Patents No. 6,847,686 (“the ’686 patent”), No. 5,657,317 (“the ’317 patent”), and No. 6,389,010 (“the ’010 patent”), owned by Broadcom Corporation (“Broadcom”). Qualcomm also appeals from the district court’s issuance of a permanent injunction against Qualcomm. Because

Lucia Munguia Albarran (“Albarran”) and her husband, Antonio Barboza (“Barboza”) (collectively “Appellants”), were found liable after a jury trial in District Court for willful infringement of New Form, Inc.’s (“Appellee”) copyright for certain Spanish language films. The District Court instructed the jury that “willful infringement” required a showing by a preponderance of t

3 custom software that is at issue in this case. Both parties agree that MCR owns the copyright in this custom software, and both parties also agree that MCR has never registered its copyright. For years, the parties operated pursuant to an oral agreement without incident, but eventually the relationship deteriorated. On December 6, 2005, MCR sent a letter to Weitzman, asserting, among other thing

John Facenda, a Philadelphia broadcasting legend, provided his voice to many productions of NFL Films, Inc. before his death in 1984. These well-known productions recounted tales of the National Football League with filmed highlights, background music, and Facenda’s commanding narration. More than two decades after Facenda’s death, NFL Films used small portions of his voice-over work in a cabl