for Toledo Bar Association
1. Art Attacks Ink, LLC v. MGA Enter. Inc., No. 07-56110, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, December 9, 2008, Argued and Submitted, Pasadena, California, September 16, 2009, Filed
OVERVIEW: In a copyright, trademark, and trade dress infringement suit as to a certain design, while the alleged infringer's Fed. R. Civ. P. 50(b) motion for a judgment as a matter of law was untimely, the Rule 50(b) timeliness requirement was not jurisdictional, and the holder waived a timeliness objection by failing to raise its before the district court.
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