35 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,959 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,952 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Nissan Fire Marine Ins. Co. v. Fritz Co.

    210 F.3d 1099 (9th Cir. 2000)   Cited 4,354 times
    Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"
  4. Harper & Row, Publishers, Inc. v. Nation Enterprises

    471 U.S. 539 (1985)   Cited 1,217 times   14 Legal Analyses
    Holding that if a new work "supersede the use of the original," it is probably not a fair use
  5. Weddington Productions, Inc. v. Flick

    60 Cal.App.4th 793 (Cal. Ct. App. 1998)   Cited 502 times   1 Legal Analyses
    Holding that an agreement "must not only contain all the material terms but also express each in a reasonably definite manner."
  6. On Davis v. Gap, Inc.

    246 F.3d 152 (2d Cir. 2001)   Cited 309 times   2 Legal Analyses
    Holding plaintiff failed to discharge its burden by submitting evidence of the defendant's gross revenues when the revenue included sales that were in no way promoted by the infringing advertisement
  7. Polar Bear Prod. v. Timex Corp.

    384 F.3d 700 (9th Cir. 2004)   Cited 254 times   2 Legal Analyses
    Holding that "the requirement is akin to tort principles of causation and damages"
  8. Data Gen. v. Grumman Systems Support

    36 F.3d 1147 (1st Cir. 1994)   Cited 324 times   1 Legal Analyses
    Holding that a claim under Massachusetts trade secret law was not preempted "because participation in the breach of a duty of confidentiality — an element that forms no part of a copyright infringement claim — represents unfair competitive conduct qualitatively different from mere unauthorized copying"
  9. Gasaway v. Northwestern Mut. Life Ins. Co.

    26 F.3d 957 (9th Cir. 1994)   Cited 272 times
    Holding that where the moving party has provided competent evidence, the non-moving party cannot avoid summary judgment simply by arguing that the evidence is "self-serving speculation that should be disregarded"
  10. SID MARTY KROFFT TELE. v. McDONALD'S CORP

    562 F.2d 1157 (9th Cir. 1977)   Cited 400 times   3 Legal Analyses
    Holding that plaintiffs had a right to a trial by jury of its claim for an accounting of profits in an infringement action
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,812 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,372 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886
  13. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,610 times   56 Legal Analyses
    Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"
  14. Section 284 - Damages

    35 U.S.C. § 284   Cited 2,082 times   194 Legal Analyses
    Granting "interest and costs as fixed by the court"
  15. Section 412 - Registration as prerequisite to certain remedies for infringement

    17 U.S.C. § 412   Cited 640 times   23 Legal Analyses
    Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication
  16. Section 105 - Subject matter of copyright: United States Government works

    17 U.S.C. § 105   Cited 53 times   8 Legal Analyses

    (a) IN GENERAL.-Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest, or otherwise. (b) COPYRIGHT PROTECTION OF CERTAIN WORKS.-Subject to subsection (c), the covered author of a covered work owns the copyright to that covered work. (c) USE BY FEDERAL GOVERNMENT.- (1) SECRETARY OF DEFENSE AUTHORITY.-With respect to a covered