Chang

A 1 Electronics, Inc. v. Chang

Good Law
342 F. App'x 293
United States Court of Appeals for the Ninth CircuitJuly 31, 2009No. 07-56205California406 words

Opinion

Lead Opinion

MEMORANDUM **

A 1 Electronics, Inc., appeals the judgment, after a three-day bench trial before a magistrate judge, 1 in A l’s action for infringement of A l’s packaging design under federal copyright law and related California state law. We have jurisdiction under 28 U.S.C. § 1291 . We review conclusions of law de novo and findings of fact for clear error. See Navajo Nation v. U.S. Forest Serv., 535 F.3d 1058, 1067 (9th Cir.2008). We affirm.

Any revenue from the sale of power supply products sold by GPB Enterprises, Inc., had an attenuated nexus to the infringement, and A 1 was thus entitled only to ascertainable indirect profits generated from the infringement. See Polar Bear Prods., Inc. v. Timex Corp., 384 F.3d 700 , 712-14 (9th Cir.2004); Mackie v. Rieser, 296 F.3d 909, 914-16 (9th Cir.2002).

*295 A 1 had the initial burden of demonstrating that the “infringement at least partially caused the profits that the in-fringer generated as the result of the infringement.” Mackie, 296 F.3d at 911 ; see Polar Bear, 384 F.3d at 711 (rejecting argument that a copyright plaintiff need only provide the defendant’s gross revenue, without regard to the infringement). The magistrate…

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