This case is before this Court for the third time. In the first appeal, Case No. 05-1796, we upheld the district court's entry of a Default Judgment against Defendants-Appellants on Plaintiff-Appellee's Complaint for copyright infringement. In the second appeal, Case No. 05-2101, we upheld in part the district court's award of statutory damages, injunctive relief, and attorneys' fees, and reversed

Dream Games of Arizona ("Dream Games”) prevailed in its lawsuit against PC Onsite for copyright infringement of "Fast Action Bingo,” an electronic video bingo game, and was awarded statutory damages. We must decide whether (1) the district court properly allowed the jury to see unprotectable elements of the game without identifying the protectable elements; (2) the jury should have bee

In theIn the litigation underlying this case, Lorillard Tobacco Co. ("Lorillard”) filed trademark infringement, unfair competition, and Illinois Deceptive Trade Practices Act claims against Elston Self Service Wholesale Groceries ("Elston”). Lorillard accuses Elston and individual defendants of selling counterfeit cigarettes bearing Lorillard's federal trademark registration, NEWPORTÂ

This appeal calls upon us to address the scope of the Rooker-Feldman1 doctrine, which provides that "lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court has only applied the Rooker-Feldman doctrine as a bar to jurisdiction on two occasions, the first instance being Rooker and

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

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

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, with t

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 recom

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 "fi

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 Pro

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 ar

¶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 their act

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 Westministerâ€

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 ar

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

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

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 jurisdic

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 claim

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 n