Justia Copyright Opinion SummariesArticles Posted in California Courts of Appeal
Eleanor Licensing LLC v. Classic Recreations LLC
This case arose from a dispute between the parties over licensing agreements involving the motion picture Gone in 60 Seconds. The trial court entered judgment for Classic and ordered that Eleanor Licensing retain possession of a vehicle identified as "Eleanor No. 1," which had been manufactured by Classic pursuant to a licensing agreement between the parties; quieting title to the vehicle in Eleanor Licensing; directing Classic to perform according to the terms of the licensing agreement and transfered legal title to Eleanor No. 1 to Eleanor Licensing; and awarding damages and attorney fees. The court held that the November 1, 2007 License Agreement was supported by adequate consideration; the contract-based claims, to the extent otherwise valid, were barred by the statute of limitations; the causes of action for return of personal property and quiet title were timely filed; the alter ego finding was not supported by substantial evidence; Jason Engel was properly named as a defendant in the causes of action to quiet title and for return of personal property; Tony Engel was a proper defendant in the quiet title cause of action; and the Engels were not liable for attorney fees. The court reversed in part and affirmed in part the judgment and postjudgment order. View "Eleanor Licensing LLC v. Classic Recreations LLC" on Justia Law
Posted in: California Courts of Appeal, Copyright, Entertainment & Sports Law, Intellectual Property, Trademark
Guarantee Fork Lift, Inc. v. Capacity of Texas, Inc.
Capacity manufactures “Trailer Jockey” semi-tractors. GFL became an authorized Capacity dealer under a 1995 franchise agreement. In 2013, Capacity notified GFL of its intent to terminate GFL’s franchise, alleging GFL had misrepresented the employment status of a former GFL employee who went to work for Capacity’s chief competitor and allowed the employee to continue accessing Capacity’s online parts ordering system while working for the competitor. GFL filed a protest with the state New Motor Vehicle Board, alleging there was no good cause for the termination, as required by the Vehicle Code. An ALJ concluded Capacity had not established good cause because GFL had not violated the express terms of its franchise agreement. The Board agreed. The Sacramento County Superior Court directed the Board to set aside its decision. While that case was pending GFL filed this suit in the Alameda County Superior Court, which concluded that GFL did not have standing because section 11726 only authorizes actions by “licensees” of the DMV and GFL did not possess such a license. The court of appeal reversed. GFL is a member of the class protected by the subdivision of section 11713.3 on which its cause of action is based; its claim is not defeated by its status as non-licensee. View "Guarantee Fork Lift, Inc. v. Capacity of Texas, Inc." on Justia Law