Justia Animal / Dog Law Opinion Summaries

The Ninth Circuit affirmed the district court's dismissal of copyright infringement claims brought by a monkey over selfies he took on a wildlife photographer's unattended camera. Naruto, a crested macaque, took several photos of himself on the camera, and the photographer and Wildlife Personalities subsequently published the Monkey Selfies in a book. PETA filed suit as next friend to Naruto, alleging copyright infringement. The panel held that the complaint included facts sufficient to establish Article III standing because it alleged that Naruto was the author and owner of the photographs and had suffered concrete and particularized economic harms; the monkey's Article III standing was not dependent on the sufficiency of PETA; but Naruto lacked statutory standing because the Copyright Act did not expressly authorize animals to file copyright infringement suits. Finally, the panel granted defendants' request for attorneys' fees on appeal. View "Naruto v. Slater" on Justia Law

The Ninth Circuit affirmed the district court's dismissal of copyright infringement claims brought by a monkey over selfies he took on a wildlife photographer's unattended camera. Naruto, a crested macaque, took several photos of himself on the camera, and the photographer and Wildlife Personalities subsequently published the Monkey Selfies in a book. PETA filed suit as next friend to Naruto, alleging copyright infringement. The panel held that the complaint included facts sufficient to establish Article III standing because it alleged that Naruto was the author and owner of the photographs and had suffered concrete and particularized economic harms; the monkey's Article III standing was not dependent on the sufficiency of PETA; but Naruto lacked statutory standing because the Copyright Act did not expressly authorize animals to file copyright infringement suits. Finally, the panel granted defendants' request for attorneys' fees on appeal. View "Naruto v. Slater" on Justia Law

Nestle’s BEGGIN’ STRIPS registered mark for pet treats has been in continuous use since 1988 and has been registered since 1989. Midwestern manufactures and sells pet treats and filed an intent-to-use application with the Patent and Trademark Office, seeking to register the mark WAGGIN’ STRIPS for pet food and edible pet treats. Nestle opposed registration, arguing likelihood of confusion between the two marks. The district court ruled in favor of Nestle, finding likelihood of confusion. The Federal Circuit affirmed, finding that the district court properly admitted evidence submitted by Nestle. View "Midwestern Pet Foods, Inc. v. Societe des Produits Nestle, S.A." on Justia Law

The patents involve topical compositions for protecting pets from fleas and ticks. The 940 patent, now expired, claimed fipronil for pest control by direct toxicity. Merial, as exclusive licensee, developed compositions sold as Frontline. Merial also devised compositions, covered by the 329 patent, combining fipronil with an insect growth regulator, sold as Frontline Plus, the leading flea and tick treatment. In 2007 Merial sued Cipla and other internet retailers, alleging infringement. No defendant responded. The district court found that the patents were not invalid, that Cipla had infringed each patent, and entered a permanent injunction barring Cipla from directly or indirectly infringing the patents. In 2008 Cipla filed an informal communication, not intended to constitute an appearance, denying infringing or having any presence in the U.S., and requesting dismissal. The district court entered final judgment. Velcera, led by former Merial executives, engaged with Cipla to develop, test, manufacture, and distribute products to compete with Merial. Both Velcera and Cipla entered into development and supply agreements with various companies. In 2011, they began selling PetArmor Plus. The district court held Velcera and Cipla in contempt. The Federal Circuit affirmed, rejecting challenges to jurisdiction and to the contempt order’s application to Velcera. View "Merial, Ltd. v. Cipla, Ltd." on Justia Law