Cape

Practical Programs For 9th Circuit Decision

Posted on 29 January 2012

The law practice of Lee Tran & Liang has obtained yet an additional Ninth Circuit appeal; this will be its fourth specific victory inside of the Ninth Circuit since 2009. On Jan twenty six, this year, the 9th Circuit established a grant of summary judgment that LTL secured for its client, the defendant in a copyright laws and industry dress lawsuit. Firm teammate Enoch H. Liang – combined with lawyer Daniel Taylor – defended Bedrosian’s (in Orange County) and Hirsch Glass Company (in New Jersey) both before the District Court and the Ninth Circuit. The complaintant was represented by noted intellectual property boutique Christie Parker & Hale.

As reported in LTL’s June 2010 press release, the District Court granted LTL’s motion for summary judgment on Plaintiff’s trade dress claims in mid-2009. Then, in September 2009, less than 4 days before a jury trial was scheduled to begin, the District Court also dismissed Plaintiff’s 17 copyright claims. In July 2010, Plaintiff appealed to the Ninth Circuit, arguing that the District Court erred in both holding that the scope of Plaintiff’s copyrights were “thin,” and finding that “there is no substantial similarity (much less virtual identity) insofar as the protectable items are concerned as between Plaintiff’s copyrighted products and Defendants’ glass tiles.”

After extensive briefing, on January 13, 2012, LTL Partner Enoch Liang argued the case, defending the District Court’s ruling. Fewer than a couple weeks following the oral assertion, the Ninth Circuit Judges W. Fletcher, Fisher, and Zouhary—issued their unpublished opinion. The Ninth Circuit held that “protection over designs is thin.” The Court further held that the defendants’ designs “are not ‘virtually identical’ to because the streaking effect, color blends, and appearance of randomness in designs are different…”

This verdict reaffirms the need for a two-pronged method in copyright infringement actions. Often, the issue of infringement is determined by the “scope” of the copyright that the court determines as a matter of law. Hence, in litigating copyright matters, plaintiffs should pay particular attention to avoid falling into various limiting doctrines that may limit the scope of their copyrights. Defendants should do the opposite.

Lee Tran & Liang, APLC is a California based law firm focusing exclusively on business litigation. The firm’s partners have practiced at prominent law firms, and are graduates of top law schools including Harvard, Stanford, Columbia, and Michigan. Primary practice areas, as outlined by the firm itself and every attorney directory, include business disputes (breach of contract, aggrieved investors and professionals, and commercial disputes) intellectual property litigation (patents, trademarks, copyrights, and trade secrets), and employment litigation (defense). What sets the firm apart is actually its intent of aligning itself with its customers’ needs, by delivering a variety of imaginative payment arrangements in appropriate issues.