Multi Media Zone, Inc. v. Star E Media Corp.

MEMORANDUM **

Star E Media appeals the district court’s summary judgment in favor of Multi Media Zone, Inc. d/b/a School Zone Interactive in School Zone’s action for copyright infringement, trademark infringement, and breach of contract. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo, Northwest Acceptance Corp. v. Lynnwood Equip., Inc., 841 F.2d 918 , 920 (9th Cir.1988), we affirm the decision of the district court. Because the parties are familiar with the factual and procedural history of the case, we need not recount it here.

Star contends that the parties’ 2003 agreement eliminated Star’s duty, originating under the 2001 agreement, to obtain approval of the four Spanish- and Arabic-language CD-ROM works it produced (the “Localized Works”). The 2003 agreement provides, however, that Star “may not sell or otherwise dispose of any Licensed Product that has not been approved by School *601 Zone.” Schedule A, which sets forth a list of “Products” covered by the agreement, includes the Localized Works. The agreement contains no language evidencing the parties’ intent to eliminate the approval requirement for the Localized Works. See Cal. Civ.Code § 1638 (the…