SCOTUS: “Full Costs” Are Just Costs

By Mark Webb and David G. Barker Today, the Supreme Court of the United States ruled in Rimini Street v. Oracle USA that  “full costs” described in 17 U.S.C. § 505 of the (Copyright Act) are limited to the six categories of taxable costs set forth in 28 U.S.C.  §§ 1821, 1920. The decision reversed the district court’s award of, and the Ninth Circuit’s order affirming, $12,774,550.26 in additional costs to Oracle for litigation costs outside of those delineated in §§ 1821 and 1920, such as expert witnesses, e-discovery, and jury consulting. The Court determined, absent an explicit statutory instruction, a   Read More »

Posted in Copyright Litigation, IP and Technology Litigation, Uncategorized | Tagged , ,

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Ninth Circuit Refuses to Vacate Lower Court’s Ruling After Settlement During Appeal

By Rachael Peters Pugel and David G. Barker On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc., Efficient Frontiers alleged that Reserve Media, a restaurant technology startup, infringed its trademarks.  After the parties failed to resolve their dispute, Reserve Media filed a complaint seeking a declaratory judgment of noninfringement.  Efficient Frontiers responded with a counterclaim for trademark infringement and unfair competition. The Central District of California granted Reserve Media’s motions for summary judgment, holding   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged ,

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Webcast Title Using Trademarks of Another Deemed Nominative Fair Use

By Robert A. Clarke and David G. Barker The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark infringement claims. The plaintiff in Applied Underwriters v. Lichtenegger offers workers’ compensation insurance to employers through its EquityComp program.  Applied Underwriters owns federally registered trademarks for “Applied Underwriters” and “EquityComp.”  Defendants published a webcast critiquing EquityComp’s services, entitled “Applied Underwriters’ EquityComp® Program: Like it, Leave it, or Let it be?”  Applied Underwriters sued defendants for trademark infringement for including the   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged , ,

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Ninth Circuit Holds County’s Advertising Restriction on “Disparaging Material” Unconstitutional

By Justin K. Powley and David G. Barker The Ninth Circuit held yesterday in American Freedom Defense Initiative v. King County that a county’s advertising program on public buses that rejected advertisements on the basis of disparaging material violates the First Amendment’s free speech clause and therefore is unconstitutional. King County provides public transportation in the Seattle metropolitan area and sells advertising space on the exterior of public buses. The County generally accepts all advertisements that do not contain prohibited content, including: false statements, disparaging material, or content that may disrupt the transit system. American Freedom Defense Initiative submitted a   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged ,

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Sick Again

Sick Again

Posted in Copyright Litigation | Tagged

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