Legal Opinion

Academy of Motion Picture Arts & Sciences v. Creative House Promotions, Inc.

Court of Appeals for the Ninth Circuit

Decided July 31, 1991No. Nos. 90-55006, 90-55144PublishedCited by 42 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Appellant-cross-appellee Academy of Motion Picture Arts and Sciences (“the Academy”) brought an action in the district court for copyright and trademark infringement and related state law claims against appel-lee-eross-appellant Creative House Promotions, Inc. (“Creative House”) for marketing the “Star Award,” a gold figure closely resembling the Academy’s famous “Oscar” statuette. The district court concluded after a bench trial that the Oscar was not entitled to copyright protection because it had previously entered the public domain. The court also ruled against…

2Cases cited31 opinions

  1. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  2. Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1986
  3. Century 21 Real Estate Corporation, a Delaware Corporation v. Billy Sandlin, an Individual, Dba Century Investments & Realty, DefendantCourt of Appeals for the Ninth Circuit · 1988
  4. Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
  5. The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963

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3Cited by42 opinions

  1. Network Automation, Inc. v. Advanced Systems Concepts, Inc.Court of Appeals for the Ninth Circuit · 2011
  2. James W. Cleary v. News Corporation and Harpercollins Publishers, Inc.Court of Appeals for the Ninth Circuit · 1994
  3. Mattel, Inc. v. MCA Records, Inc.Court of Appeals for the Ninth Circuit · 2002
  4. Jackson v. SturkieDistrict Court, N.D. California · 2003
  5. Enesco Corporation, an Ohio Corporation Precious Moments, Incorporated, an Illinois Corporation v. Price/costco Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1998

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