Evergreen Safety Council v. RSA Network Inc.

RSA Networks (RSA) appeals the district court’s grant of summary judgment dismissal of RSA’s claim for copyright infringement against Evergreen Safety Council (Evergreen) on the ground of laches. RSA contends that the district court erred in applying laches because Evergreen willfully infringed upon its copyright. We reject this argument because Evergreen acted under color of title and in good faith, and therefore did not willfully infringe upon RSA’s copyright. Danjaq LLC v. Sony Corp., 263 F.3d 942, 959 (9th Cir.2001). RSA also contends the district court erred in dismissing the case because RSA still retained claims for injunctive relief. We likewise reject that argument because the alleged future infringements named as the basis for the injunctive relief are identical to the original infringements, and thus are barred by laches as well. Danjaq, 263 F.3d at 960 . Accordingly, we affirm the district court’s summary judgment dismissal.

FACTUAL AND PROCEDURAL BACKGROUND

Evergreen is a Seattle-based non-profit that disseminates safety and health information, and provides training on pilot escort vehicles. Pilot escort vehicles generally position themselves directly in…