United States Ninth Circuit

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.

Appellate Information

• Argued 12/09/2008
• Decided 09/16/2009
• Published 09/16/2009

Judges

• PREGERSON, Circuit Judge:, Before HARRY PREGERSON, DOROTHY W. NELSON and DAVID R. THOMPSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael W. Quade, Quade & Associates, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Craig Holden, MGA Entertainment, Inc., Van Nuys, CA, for the defendant-appellee.