Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Akanoc 9th Circuit

Akanoc 9th Circuit

Ratings: (0)|Views: 1,484 |Likes:
Published by mschwimmer
trademark intermediate liability akanoc
trademark intermediate liability akanoc

More info:

Published by: mschwimmer on Sep 13, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

09/13/2011

pdf

text

original

 
FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
 
L
OUIS
V
UITTON
M
ALLETIER
, S.A.,
Plaintiff-Appellee,
No. 10-15909v.
D.C. No.A
KANOC
S
OLUTIONS
, I
NC
.; M
ANAGED
5:07-cv-03952-JWS
OLUTIONS
G
ROUP
, I
NC
.; S
TEVEN
C
HEN
,
 Defendants-Appellants.
 
L
OUIS
V
UITTON
M
ALLETIER
, S.A.,
Plaintiff-Appellant,
No. 10-16015v.D.C. No.
A
KANOC
S
OLUTIONS
, I
NC
.; M
ANAGED
5:07-cv-03952-JWS
OLUTIONS
G
ROUP
, I
NC
.; S
TEVEN
OPINIONC
HEN
,
 Defendants-Appellees.
Appeal from the United States District Courtfor the Northern District of CaliforniaJames Ware, Chief District Judge, PresidingArgued and SubmittedApril 11, 2011—San Francisco, CaliforniaFiled September 9, 2011Before: Alex Kozinski, Chief Judge, Michael Daly Hawkinsand Ronald M. Gould, Circuit Judges.Opinion by Judge Gould
17239
 
COUNSEL
J. Andrew Coombs (argued), Annie S. Wang, Glendale, Cali-fornia, for plaintiff-appellee-cross-appellant Louis VuittonMalletier, S.A.David A. Gauntlett, James A. Lowe (argued), and RaymondK. Chan, Irvine, California, for defendants-appellants AkanocSolutions, Inc. and Steven Chen, and defendants-cross-appellees Managed Solutions Group, Inc.
OPINION
GOULD, Circuit Judge:Louis Vuitton Malletier, S.A., sued Managed SolutionsGroup, Inc. (“MSG”), Akanoc Solutions, Inc., and StevenChen (collectively “Defendants”)
1
for contributory copyrightand trademark infringement, contending that Defendants wereliable for their role in hosting websites that directly infringedLouis Vuitton’s trademarks and copyrights. After a trial, a jury found Defendants liable and awarded damages againsteach defendant. In response to Defendants’ motion for judg-ment as a matter of law, the district court set aside the jury’sverdict and award against MSG. The district court otherwisedenied the motion.
1
For convenience, we refer throughout this opinion to the three defen-dants collectively as “Defendants” and to Akanoc and Chen as “Appel-lants.” Defendant MSG is not an appellant, but is a cross-appellee.
17243L
OUIS
V
UITTON
M
ALLETIER
v. A
KANOC
S
OLUTIONS
 
Appellants Akanoc and Chen appeal the jury verdict, con-tending that the district court erred in instructing the jury andin denying their post-trial motion for judgment as a matter of law. Louis Vuitton cross-appeals the district court’s ordergranting judgment as a matter of law in favor of MSG. Wehave appellate jurisdiction under 28 U.S.C. § 1291. Amongother questions, we must decide whether the district courtproperly instructed the jury on awarding damages as to eachdefendant. Concluding that there was error, we vacate thedamage awards and remand to the district court with instruc-tions to enter an award consistent with this opinion. In allother respects, we affirm.
2
I. Facts and Procedural History
Louis Vuitton is the sole and exclusive United States dis-tributor of its merchandise, which includes a variety of luxurygoods bearing its trademarks and copyrighted designs. Toguard the reputation and exclusivity of its brand and to other-wise maintain its rights, Louis Vuitton polices its intellectualproperty, including its trademarks and copyrights, throughvarious monitoring and enforcement strategies.In late 2006, Louis Vuitton discovered websites sellinggoods that it believed infringed its copyrights and trademarks.The websites did not sell merchandise directly; instead, theylisted an email address that interested parties could use to ini-tiate a transaction. Upon further investigation Louis Vuittondiscovered that the websites were using IP addresses assignedto defendants MSG and Akanoc.
2
Appellant’s unopposed motion for judicial notice of additional authori-ties is granted with respect to
 Roadshow Films Pty. Ltd. v. iiNet Limited (No. 3)
(2010) 2010 FCA 24 (Austl.); H.R. Rep. No. 98-997 (1984); andS. Rep. No. 104-177 (1995), but denied with respect to the amicus brief filed by the Electronic Frontier Foundation, Public Citizen, and PublicKnowledge in
Tiffany (NJ) Inc. v. eBay Inc.
, 600 F.3d 93 (2d Cir. 2010).
17244L
OUIS
V
UITTON
M
ALLETIER
v. A
KANOC
S
OLUTIONS

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->