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Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit
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Vericool World v. Igloo Products — Ninth Circuit Holds ‘First to Market’ Claims Not Actionable Under Lanham Act

The Ninth Circuit affirmed summary judgment for Igloo, holding that ‘first to market’ advertising claims about a biodegradable cooler concern the origin of an idea — not an observable product characteristic — and therefore fall outside the Lanham Act’s false advertising protections

U.S. Court of Appeals for the Ninth Circuit
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Google v. Point Financial — Ninth Circuit Affirms Injunction Protecting Google’s Royalty-Free Chip Manufacturing License After Startup’s Collapse

The Ninth Circuit upheld an injunction barring a venture lender from interfering with Google’s royalty-free license to manufacture specialized computer chips, affirming that Google’s licensing rights survived the shutdown of its startup partner CNEX Labs.

U.S. Court of Appeals for the Ninth Circuit
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Doe v. Meta Platforms — Ninth Circuit Holds Section 230 Bars Claims Over Facebook’s Role in Myanmar Genocide

The Ninth Circuit affirmed dismissal of claims by Rohingya plaintiffs alleging Facebook’s algorithm amplified anti-Rohingya violence in Myanmar, holding that Section 230 immunizes Meta from liability for algorithmically recommending third-party content — though two concurring opinions urged th

U.S. Court of Appeals for the Ninth Circuit
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NetChoice v. Bonta — Ninth Circuit Narrows the Injunction Against California’s Age-Appropriate Design Code Act

On the second trip up, the Ninth Circuit vacated most of the district court’s preliminary injunction against California’s Age-Appropriate Design Code Act — but kept the data-use and dark-patterns restrictions enjoined on vagueness grounds, leaving the statute partially in force.

U.S. Court of Appeals for the Ninth Circuit
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Omega S.A. v. Costco Wholesale — Ninth Circuit on First Sale Doctrine and Gray Market Goods

The Ninth Circuit held that the copyright first sale doctrine does not apply to foreign-made goods, allowing Omega to prevent Costco from reselling Omega watches in the United States without authorization — a ruling the Supreme Court affirmed by an equally divided 4-4 court in 2010, leaving the Nint

U.S. Court of Appeals for the Ninth Circuit
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Perfect 10 v. Amazon — Ninth Circuit Holds Google Image Thumbnails Are Fair Use, Inline Linking May Not Directly Infringe

The Ninth Circuit held that Google’s display of thumbnail-size images in search results is fair use, while also addressing the server test for direct infringement — holding that a website that inline-links to content stored on another server does not ‘display’ that content and thus

U.S. Court of Appeals for the Ninth Circuit
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A&M Records v. Napster — Ninth Circuit Affirms Injunction Against Peer-to-Peer Music File Sharing

The Ninth Circuit affirmed the district court’s injunction requiring Napster to block access to infringing content — holding that Napster’s peer-to-peer music file sharing service was liable for contributory and vicarious copyright infringement and that the Sony Betamax staple article de

U.S. Court of Appeals for the Ninth Circuit
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Fonovisa v. Cherry Auction — Ninth Circuit Establishes Vicarious Liability for Flea Market Operators

The Ninth Circuit held that a flea market operator could be vicariously and contributorily liable for copyright infringement by vendors selling counterfeit recordings — establishing the framework for secondary copyright liability that would later be applied to online platforms and peer-to-peer servi

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