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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
Charles “Chip” Babcock and
The civil lawsuit, originally filed in late March, accused Fox News of fueling lies about the outcome of the 2020 presidential election by defaming the maker of electronic voting machines. From the lawsuit’s opening salvo:
Fox, one of the most powerful media companies in the United States, gave life to a manufactured storyline about election fraud that cast a then-little- known voting machine company called Dominion as the villain. After the November 3, 2020 Presidential Election, viewers began fleeing Fox in favor of media outlets endorsing the lie that massive fraud caused President Trump to lose the election. They saw Fox as insufficiently supportive of President Trump, including because Fox was the first network to declare that President Trump lost Arizona. So Fox set out to lure viewers back including President Trump himself by intentionally and falsely blaming Dominion for President Trump’s loss by rigging the election.