The Ninth Circuit held that NFTs qualify as ‘goods’ under the Lanham Act and reversed summary judgment for Yuga Labs on Bored Ape Yacht Club trademark and cybersquatting claims, finding genuine factual disputes for trial.
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
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
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
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