Legal Opinion
Network Automation, Inc. v. Advanced Systems Concepts, Inc.
Court of Appeals for the Ninth Circuit
Decided March 8, 2011No. 10-55840PublishedCited by 252 opinions
1Opinion of the Court
OPINION
WARDLAW, Circuit Judge:
“We must be acutely aware of excessive rigidity when applying the law in the Internet context; emerging technologies require a flexible approach.”
Brookfield Commc’ns, Inc. v. West Coast Entm’t Corp., 174 F.3d 1036, 1054 (9th Cir.1999).
Network Automation (“Network”) and Advanced Systems Concepts (“Systems”) are both in the business of selling job scheduling and management software, and both advertise on the Internet. Network sells its software under the mark AutoMate, while Systems’ product is sold under the registered trademark AetiveBatch. Network decided to…
2Cases cited26 opinions
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- Stormans, Inc. v. SeleckyCourt of Appeals for the Ninth Circuit · 2009
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
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3Cited by252 opinions
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