Legal Opinion
Inhale, Inc. v. Starbuzz Tobacco, Inc.
Court of Appeals for the Ninth Circuit
Decided January 9, 2014No. 12-56331PublishedCited by 16 opinions
1Opinion of the Court
Opinion by Judge O’SCANNLAIN; Concurrence by Judge BEA.
ORDER
The opinion filed January 9, 2014, and published at 739 F.3d 446, is amended as follows:
On slip opinion page 8, after <is not copyrightable.3> and before the beginning of Part III, add the following as a new paragraph:
<In summary, we hold that any part of a container that merely accomplishes the containing is not copyrightable. We do not mean to suggest that, in some other case, no elements of a container “can be identified separately from, and are capable of existing independently of,” the container. 17 U.S.C. § 101. Here, though,…
2Cases cited16 opinions
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cindy Garcia v. Google, Inc.Court of Appeals for the Ninth Circuit · 2015
- Varsity Brands, Inc. v. Star Athletica, LLCCourt of Appeals for the Sixth Circuit · 2015
- Shame on You Productions v. Elizabeth BanksCourt of Appeals for the Ninth Circuit · 2018
- Gold Value Int'l v. Sanctuary Clothing, LLCCourt of Appeals for the Ninth Circuit · 2019
- Unicolors, Inc. v. H&M Hennes & Mauritz, LpCourt of Appeals for the Ninth Circuit · 2020
11 more not listed; retrieve them via the Exa API.