Posts Tagged: "eighth circuit"

Eight Circuit Reverses Finding that Sturgis Motorcycle Rally Trademarks are Valid

On Friday, November 2nd, the Court of Appeals for the Eighth Circuit issued a decision in Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., et. al. which reversed various parts of the lower court’s decision in the trademark infringement case brought by Sturgis, which claimed to own trademarks covering merchandise related to a well-known motorcycle rally which has taken place in Sturgis, SD, going back to 1938. While the appellate court affirmed the district court’s denial as a matter of law to the defendants’ as to Sturgis’ claims of deceptive trade practices, false advertising and trademark infringement claims, the Eighth Circuit reversed the lower court’s findings that various marks asserted by Sturgis were valid because it found that Sturgis didn’t provide the jury with sufficient proof regarding validity.

Supreme Court to Hear Rimini Street v. Oracle to Decide if Copyright Act Authorizes Non-Taxable Costs

The U.S. Supreme Court has granted a petition for writ of certiorari to take up Rimini Street v. Oracle on appeal from the Court of Appeals for the Ninth Circuit. The case will ask the nation’s highest court to solve a split among the Circuit Courts of appeal by determining whether the Copyright Act’s allowance of full costs to a prevailing party under 17 U.S.C. § 505 is limited to taxable costs under 28 U.S.C. § 1920 and 28 U.S.C. § 1821, as has been held in the Eighth and Eleventh Circuits, or whether the Copyright Act also authorizes non-taxable costs as the Ninth Circuit held in its ruling of this case.

Federal Circuit says Rule 36 Judgments can have Preclusive Effect

A Federal Circuit Rule 36 judgment can be a valid and final judgment for purposes of preclusive effects. Additionally, district court findings affirmed by a Rule 36 judgment can have preclusive effect as long as each is “necessary” to the final appellate judgment. The Federal Circuit did not address the Circuit split regarding the preclusive effect of independent, alternative holdings.

I’ll get you, my pretty, and your little copyright too!

Last week, the 8th Circuit handed down a ruling saying that knickknack companies can’t use Warner Brothers’ copyrighted images on their merchandise even if they use public domain elements. Shocking. But for reasons unknown, some Hollywood types took this to mean that “every Wizard of Oz movie is in jeopardy”. Ummmm… no. Granted, the issues deal with one of the quirkier concepts in copyright law but just… no. At the end of the day, my pretties, it all boils down to what is protected by copyright, what is not, and what you can do with that stuff.