47 Cited authorities

Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,381 times 44 Legal Analyses
Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,836 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Keenan v. Allan
91 F.3d 1275 (9th Cir. 1996) Cited 2,148 times
Holding that it is not the district court's role “to scour the record in search of a genuine issue of triable fact”
Delta Air Lines, Inc. v. August
450 U.S. 346 (1981) Cited 559 times
Holding that Rule 68 is not available to a "defendant that obtained the judgment."
Kerr v. Screen Extras Guild, Inc.
526 F.2d 67 (9th Cir. 1976) Cited 1,996 times 1 Legal Analyses
Adopting 12 factors for consideration in attorney’s fees cases
Clicks Billiards Inc. v. Sixshooters Inc.
251 F.3d 1252 (9th Cir. 2001) Cited 703 times 4 Legal Analyses
Holding that the appearance of a pool hall can be trade dress, and noting that functionality, secondary meaning, and likelihood of confusion are issues of fact
AMF Inc. v. Sleekcraft Boats
599 F.2d 341 (9th Cir. 1979) Cited 1,054 times 18 Legal Analyses
Holding "Slickcraft" to be suggestive of a fast boat
Boisson v. American County Quilts and Linens
273 F.3d 262 (2d Cir. 2001) Cited 247 times 1 Legal Analyses
Holding that, "simply because a work is copyrighted does not mean every element of that work is protected," and noting that copyright protection extends "to a particular expression of an idea, and not to the idea itself"
Gracie v. Gracie
217 F.3d 1060 (9th Cir. 2000) Cited 232 times 3 Legal Analyses
Holding that a 15 U.S.C. § 1114 violation does not require evidence of actual confusion, because only "likelihood of confusion" is mentioned in the statute
Levi Strauss Co. v. Blue Bell, Inc.
778 F.2d 1352 (9th Cir. 1985) Cited 273 times 1 Legal Analyses
Holding that the plaintiff bears the burden of showing that its design obtained secondary meaning before the defendant commenced its allegedly infringing activities
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,919 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1920 - Taxation of costs
28 U.S.C. § 1920 Cited 12,594 times 91 Legal Analyses
Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,373 times 175 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,913 times 144 Legal Analyses
Granting district courts significant discretion to award damages for a violation of § 1125
Rule 68 - Offer of Judgment
Fed. R. Civ. P. 68 Cited 3,875 times 163 Legal Analyses
Granting costs incurred after plaintiff rejected less favorable offer by defendant
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,500 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 103 - Subject matter of copyright: Compilations and derivative works
17 U.S.C. § 103 Cited 564 times 8 Legal Analyses
Extending copyright protection to "compilations"

Express, LLC v. Forever 21, Inc. et al

47 Cited authorities

Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that it is not the district court's role “to scour the record in search of a genuine issue of triable fact”

Holding that Rule 68 is not available to a "defendant that obtained the judgment."

Adopting 12 factors for consideration in attorney’s fees cases

Holding that the appearance of a pool hall can be trade dress, and noting that functionality, secondary meaning, and likelihood of confusion are issues of fact

Holding "Slickcraft" to be suggestive of a fast boat

Holding that, "simply because a work is copyrighted does not mean every element of that work is protected," and noting that copyright protection extends "to a particular expression of an idea, and not to the idea itself"

Holding that a 15 U.S.C. § 1114 violation does not require evidence of actual confusion, because only "likelihood of confusion" is mentioned in the statute

Holding that the plaintiff bears the burden of showing that its design obtained secondary meaning before the defendant commenced its allegedly infringing activities

Prohibiting unlawful business practices

Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting district courts significant discretion to award damages for a violation of § 1125

Granting costs incurred after plaintiff rejected less favorable offer by defendant

Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

Extending copyright protection to "compilations"