The law organization of Lee Tran & Liang has landed yet an additional 9th Circuit appeal; this is its fourth straight success in the Ninth Circuit since 2009. On January twenty six, this year, the 9th Circuit affirmed a grant connected with summary judgment of which LTL obtained for its client, the accused in a copyright laws and industry dress legal action. Firm principle partner Enoch H. Liang – combined with attorney at law Daniel Taylor – defended Bedrosian’s (in Orange County) and Hirsch Glass Company (in New Jersey) both before the District Court and the Ninth Circuit. The plaintiff was represented by notable intellectual property specialist Christie Parker & Hale.

As reported in LTL’s June 2010 press release, the District Court granted LTL’s motion for summary judgment on Plaintiff’s trade dress claims in mid-2009. Then, in September 2009, less than 4 days before a jury trial was scheduled to begin, the District Court also dismissed Plaintiff’s 17 copyright claims. In July 2010, Plaintiff appealed to the Ninth Circuit, arguing that the District Court erred in both holding that the scope of Plaintiff’s copyrights were “thin,” and finding that “there is no substantial similarity (much less virtual identity) insofar as the protectable items are concerned as between Plaintiff’s copyrighted products and Defendants’ glass tiles.”

After extensive briefing, on January 13, 2012, LTL Partner Enoch Liang argued the case, defending the District Court’s ruling. Less than a couple weeks after the oral argument, the Ninth Circuit Judges W. Fletcher, Fisher, and Zouhary—issued their unpublished opinion. The Ninth Circuit held that “protection over designs is thin.” The Court further held that the defendants’ designs “are not ‘virtually identical’ to because the streaking effect, color blends, and appearance of randomness in designs are different…”

This verdict reaffirms the significance of a two-pronged methodology in copyright infringement actions. Often, the issue of infringement is determined by the “scope” of the copyright that the court determines as a matter of law. Hence, in litigating copyright matters, plaintiffs should pay particular attention to avoid falling into various limiting doctrines that may limit the scope of their copyrights. Defendants should do the opposite.

Lee Tran & Liang, APLC is a California based law firm focusing exclusively on business litigation. The firm’s partners have practiced at prominent law firms, and are graduates of top law schools including Harvard, Stanford, Columbia, and Michigan. Primary practice areas, as outlined by the firm itself and every attorney directory, include business disputes (breach of contract, aggrieved investors and professionals, and commercial disputes) intellectual property litigation (patents, trademarks, copyrights, and trade secrets), and employment litigation (defense). Specifically what sets the firm apart is its intent of aligning itself with its clients’ requirements, by delivering several innovative fee arrangements in appropriate concerns.

Written on January 28th, 2012 , Consulting, Uncategorized

Travel is an important part of the lives of most everyone, and it is often an essential aspect of the consultant’s life. In the past, people didn’t have as much opportunity to travel, and some people never even ventured out of their state. Even though fuel prices have made it more difficult for people to vacation in the past couple years, most still make shorter trips.

When traveling as a consultant, don’t flaunt your wealth. Wear modest clothes and jewelry. Avoid having large bills, or large rolls of bills, in your hand at any time. Travelers are natural targets for thieves. Flaunting wealth will only increase your vulnerability. Modesty will help to keep you safe.

If you have many questions for a hotel, call them at night. Most major hotels keep their front desk staffed 24 hours a day. If you have questions about booking your room or special needs you want to discuss, calling late at night ensures that you are less likely to be interrupted for the attendant to tend to a guest.

Keep it together. Don’t waste time searching all over your house for your travel pillow, plug adapters, and travel toiletries. Purchase a plastic bin and keep everything you need for travel in one spot. An under-bed container works well to keep things hidden, but ready for you to quickly jet off on your next adventure.

Bring your photo ID when traveling by airplane. Any person who is over the age of 18 will need to show a valid ID. This can be a drivers license or a state ID card. You will show it at every security checkpoint and while boarding the airplane.

To decide if you should buy travel insurance, you need to look at how much the trip is going to cost. At some date in the future, many reservations can’t be canceled without some financial penalty. Looking to see how much is already at risk if you have to cancel is a great way to get an idea of what you might be willing to spend to insure a trip.

Crime

A great travel tip is to not venture too far off of the beaten path. This is especially important if you’re traveling overseas. It’s always best to stick to known locations and to not try and explore too much because you might end up being a victim of crime.

If you are staying in a country with a high crime rate, treat even your hotel room as suspect. Place a piece of furniture in front of the door to prevent midnight break-ins. Also check that that windows lock securely. You never know which hotel owners might get a kickback from local crime gangs.

When you are traveling overseas, make sure that you know and obey all of the local laws. The embassies and consulates can only help you so much. If you commit a crime on foreign soil, according to foreign law, your government will be unable to override those laws and you must submit to the punishment of that country’s laws.

Take special care when you are preparing to travel overseas. Crime is a fact of life anywhere you go. Be aware of the difficulty you will suffer if you lose or have stolen your identification, money, or tickets. Make sure you plan the safekeeping of these things before you even start out the door.

Whether you are traveling within your own country or going overseas, it is a good idea to follow some basic safety precautions to prevent yourself from becoming a victim of crime. Wearing expensive clothes and jewelry can set you up as a prime target for theft. Carry credit cards or traveler’s checks instead of large amounts of cash. Keep an eye on your luggage, and do not allow strangers to leave packages with you under any circumstances, even momentarily.

Laws

If you are going to travel, make sure that you are aware of the local laws and obey them. If you are out of your area more than likely the laws are different, and ignorance does not necessarily mean that the court systems will show sympathy. There is a common saying “When in Rome do as the Romans do”.

Avoid taking ignorant risks, by thinking that it is okay to speed when on a road trip. It’s not fun to get pulled over, arrested or to have to cancel or severely stall your trip, in order to pay a speeding ticket. Your trip is supposed to be fun, but you’re not above the laws of the road, especially when they can endanger the lives of other people.

Before traveling to another country, it is essential to familiarize yourself as much as possible with the foreign laws and customs. You can find these online, as well as from your library, travel agent, and tourist bureaus in the country you will visit. Make sure to ask specific questions about things that may get people from your country in trouble.

A great tip when traveling is to get acquainted with the local laws and customs of the place you are traveling to. Whenever you enter a foreign country, you are subjected to their laws and regulations. Make sure you understand them before stepping foot into the country.

Prior to traveling abroad, take some time to familiarize yourselves with the local laws of the country you are visiting. Laws can be very different from country to country. Consulates cannot step over local laws, so if you do break one, even if you were unaware of it, you will be held accountable.

The travel industry has grown to be a large percentage of our economy with motels and hotels increasing in great numbers. Even though there is less travel taking place recently, most larger chains are still doing well. Some smaller independent businesses are suffering, especially in the off season. You should be able to use the tips in this article to help you save some money, while mixing business with pleasure.

Written on December 29th, 2011 , Consulting, Traveling Tags: , ,

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