Art Attacks Ink, LLC v. MGA Entmt. Inc., No. 07-56110 - U.S. Ninth Circuit
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Art Attacks Ink, LLC v. MGA Entmt. Inc., No. 07-56110

In a copyright, trademark, and trade dress infringement action, judgment as a matter of law for defendant on copyright and trade dress infringement claims is affirmed where: 1) defendant did not timely move for judgment as a matter of law, but the time limit under Fed. R. Civ. P. 50(b) is not jurisdictional; and 2) plaintiff failed to demonstrate that defendant had access to plaintiff's copyrighted works or that plaintiff's trade dress had acquired secondary meaning.

Read Art Attacks Ink, LLC v. MGA Entmt. Inc., No. 07-56110

Appellate Information

Argued and Submitted December 9, 2008

Filed September 16, 2009

Judges

Opinion by Judge Pregerson

Counsel

For Appellant:

Michael W. Quade, Quade & Associates, San Diego, CA

For Appellee:

Craig Holden, MGA Entertainment, Inc., Van Nuys, CA