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than a couple weeks after the oral argument, the Ninth Circuit Judges W. Fletcher, Fisher, and Zouhary—issued their unpublished opinion.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.