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Archive for the ‘9th Circuit Decisions’ Category

Supreme Court Issues a Stay to Prevent Broadcasting of Proposition 8 Case By Andrew Segna – Edited by Dmitriy Tishyevich Hollingsworth v. Perry (on application for stay), Case No. 09A648 (U.S., Jan. 13, 2010) Slip Opinion The Supreme Court granted a stay of the order issued by the United States District Court for the Northern District of California for a broadcast of the California lawsuit challenging Proposition 8, which amended the state constitution to define a valid marriage as only ... Read More...
Posted On Jan - 18 - 2010 1 Comment READ FULL POST
Ninth Circuit Remands Cybersquatting Case By Debbie Rosenbaum – Edited by Amanda Rice Lahoti v. Vericheck Inc., No. 08-35001 (9th Cir., Nov. 16, 2009) Opinion On November 16th, the Ninth Circuit held that the district court’s finding that the mark “VeriCheck” was an inherently distinctive, legally protectable mark was based in part on erroneous legal reasoning and in part on valid reasoning. Accordingly, it vacated the lower court’s award of summary judgment in favor of the defendant and remanded. However, ... Read More...
Posted On Nov - 21 - 2009 Comments Off READ FULL POST
Ninth Circuit Adopts National Obscenity Standard in Adult Website Spam Case By Ian B. Brooks – Edited by Alissa Del Riego United States v. Kilbride, No. 07-10528 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has affirmed the District Court for the District of Arizona, which had convicted and sentenced defendants Jeffery Kilbride and James Schaffer of transporting obscene materials for sale. The Ninth Circuit held that a national community standard “must be applied in regulating obscene speech on ... Read More...
Posted On Nov - 2 - 2009 Comments Off READ FULL POST
Class action claim against Zicam manufacturer Matrixx reinstated by the Ninth Circuit By Abby Lauer – Edited by Alissa Del Riego Siracusano v. Matrixx Initiatives, Inc., No. 06-15677 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has unanimously reversed the U.S. District Court for the District of Arizona’s holding, which had dismissed a class action claim against Zicam manufacturer Matrixx for the complaint’s failure to adequately allege a violation of the Private Securities Litigation Reform Act of 1995 (“PSLRA”). ... Read More...
Posted On Nov - 1 - 2009 Comments Off READ FULL POST
Facebook, Inc. v. Power Ventures, Inc. By Gary Pong – Edited by Eric Engle Facebook, Inc. v. Power Ventures, Inc., Case No. 08-cv-05780-JF (N.D. Cal. Oct. 22, 2009) Order (Hosted by SPAM NOTES) The United States District Court for the Northern District of California has granted a motion by Facebook to dismiss counter-claims and strike affirmative defenses in its ongoing case against Power Ventures (Power.com). In his order, United States District Judge Jeremy Fogel wrote that Power.com’s answer and counter-claim ... Read More...
Posted On Oct - 24 - 2009 Comments Off READ FULL POST
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