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
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