Non-Precedential ‘Win’ for Record Labels: 9th Circuit Denies Attorney’s Fees for Voluntarily Dismisse Defendant By Sharona Hakimi – Edited by Aaron Dulles Interscope Records v. Leadbetter, February 6, 2009,  No. 07-3582 Court of Appeals Ruling District Court Ruling On February 6, 2009, the Ninth Circuit Court of Appeals affirmed the decision of a W.D. Washington District Court denying defendant Dawnell Leadbetter’s motion for attorney’s fees and costs. In December of 2006 a group of recording companies voluntarily dismissed their claims against ... Read More...

Ninth Circuit Denies Rehearing En Banc in Quon v. Arch Wireless Text Message Privacy Case By Debbie Rosenbaum — Edited by Christina Hayes Quon v. Arch Wireless Operating Co. Ninth Circuit, No. 07-55282 Order denying rehearing en banc Opinion concurring in denial of rehearing en banc Opinion dissenting from denial of rehearing en banc On January 27, 2009, the Ninth Circuit denied rehearing en banc in Quon v. Arch Wireless, a case decided by a Ninth Circuit panel in June ... Read More...

Court Declares “Grand Theft” Crime Free By Briahna Gray – Edited by Miriam Weiler E.S.S. Entertainment 2000, Inc., v. Rock Star Videos, Inc., November 5 2008, No. 06-56237 Slip Opinion On November 5, 2008 the Ninth Circuit Court of Appeals upheld a Central California District Court summary judgment ruling to dismiss the case brought by the operators of a Los Angeles strip club (“E.S.S.”) against Rock Star Videos (“Rockstar”), the manufacturer of the Grand Theft Auto video games, for trademark ... Read More...

Ninth Circuit Applies Fourth Amendment to Text Messages at Work By Anna Volftsun — Edited by Evie Breithaupt Quon v. Arch Wireless Operating Company, Inc. Ninth Circuit, June 18, 2008, No. 07-55282 Slip Opinion On June 18, 2008, the Ninth Circuit held that the City of Ontario, California violated the Fourth Amendment when Ontario Police Department officials viewed text messages sent by a department employee. The court also held that Arch Wireless, the city’s service provider, had violated the Stored ... Read More...

Ninth Circuit Assesses Copyright Damage Awards By Debbie Rosenbaum — Edited by Stephanie Weiner  Derek Andrew, Inc. v. Poof Apparel Corp. 9th Circuit, June 11, 2007 Slip Opinion  The Ninth Circuit reversed and remanded in part the decision of the District Court for the Western District of Washington, which had awarded statutory damages under the Copyright Act for a copyright infringement, as well as attorney’s fees.  Under § 504(a) and (c) of the Copyright Act, a copyright owner can elect ... Read More...