United States Ninth Circuit

In an action alleging, inter alia, copyright and trademark infringement involving the original and remade motion pictures "Gone in 60 Seconds", as well as products relating to the film, summary judgment for defendants is vacated where the district court erred in: 1) refusing to use extrinsic evidence submitted by plaintiffs to aid in its interpretation of an agreement between the parties, finding that such evidence did not show that the agreement was reasonably susceptible to plaintiffs' interpretation; 2) interpreting disputed language in an agreement between plaintiff and a non-party corporation; 3) applying the wrong legal standard in finding that plaintiffs did not have statutory standing to assert trademark infringement and unfair competition claims; and 4) concluding that plaintiffs did not have statutory or Article III standing to assert claims for declaratory relief.

Appellate Information

• Argued 08/04/2008
• Decided 11/12/2008
• Published 11/12/2008

Judges

• MINER, Circuit Judge:, Before:  STEPHEN REINHARDT, ROGER J. MINER, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jens B. Koepke and Timothy T. Coates, Greines, Martin, Stein & Richland LLP, Los Angeles, CA, for the appellants.


• For Appellees:
  
• Robert F. Helfing, Sedgwick, Detert, Moran, & Arnold LLP, Los Angeles, CA, for the appellees and the appellees/counter-claimants.