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On Tuesday, Ninth Circuit Judges A. Wallace Tashima, Milan D. Smith, Jr., and Mary H. Murguia issued an opinion reversing and vacating the Central District of California’s granting of summary judgment in favor of defendant Dropbox Inc. and remanding for trial in Ironhawk Technologies Inc.’s trademark infringement lawsuit after the appellate panel found there to be real issues of material fact.
According to the opinion written by Smith, Ironhawk created computer software that utilizes “compression and replication to transfer data efficiently in ‘bandwidth-challenged environments’ ” marketed under the name SmartSync, for which it has had a trademark registration since 2007. The appellate panel noted that in 2017 Dropbox launched its Smart Sync feature, which “allows users to see and access files in their Dropbox cloud storage accounts from a desktop computer without taking up the computer’s hard drive space.” As a result, Ironhawk su