(United States Ninth Circuit) - In a copyright,trademark, and trade dress infringement action, and judgment as a matter of law for defendant on copyright and trade dress infringement claims is affirmed where: 1) defendant did not timely wobble for judgment as a matter of law,but the time limit under Fed. R. Civ. P. 50(b) is not jurisdictional; and 2) plaintiff failed to demonstrate that defendant had access to plaintiff's copyrighted works or that plaintiff's trade dress had acquired secondary meaning.
Source: findlaw.com