Alpi International, Ltd. v. Anga Supply, LLC

118 F. Supp. 3d 1172, 2015 U.S. Dist. LEXIS 102723, 2015 WL 4647829
CourtDistrict Court, N.D. California
DecidedAugust 5, 2015
DocketCase No. 13-cv-04888-HSG
StatusPublished
Cited by1 cases

This text of 118 F. Supp. 3d 1172 (Alpi International, Ltd. v. Anga Supply, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alpi International, Ltd. v. Anga Supply, LLC, 118 F. Supp. 3d 1172, 2015 U.S. Dist. LEXIS 102723, 2015 WL 4647829 (N.D. Cal. 2015).

Opinion

ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT AND ORDER TO SHOW CAUSE

HAYWOOD S. GILLIAM, JR., United States District Judge

Plaintiff Alpi International, Ltd. (“Alpi”) produces and sells soft foam and molded plastic toys known as “stress relievers.” These squeezable toys come in a variety of shapes, and can be branded with corporate or other logos. Defendant Anga Supply, LLC (“Anga”) is a direct competitor in the same business. Alpi alleges that 18 of Anga’s products infringe its copyrighted designs. Anga has filed a counterclaim [1175]*1175asserting that Alpi’s products infringe 43 of its copyrighted designs, the rights to which Anga purportedly purchased for $80 six months after Alpi initiated this action.

Both parties moved for summary judgment. Dkt. Nos. 44 (“Alpi Mot.”) and 46 (“Anga Mot.”). Alpi’s motion asserts that: (1) Anga cannot recover damages prior to April 28,' 2014, the date it purchased its purported rights to the 43 designs it asserts in its counterclaim; (2) Anga is not entitled to attorneys’ fees under 17 U.S.C, § 505 because Alpi’s sales of those designs predate Anga’s June 2,2014 copyright registrations; (3) Anga cannot prove infringement for several works because Alpi’s sold its designs before Anga contends they were created; and (4) Anga’s counterclaim sounds in champerty. See Alpi Mot. Anga’s motion asserts that: (1) Alpi cannot prove infringement because undisputed evidence shows that Anga’s products were independently created; and (2) Alpi’s asserted designs are not sufficiently similar to Anga’s products to' support a finding of infringement. See Anga Mot. The Court held a hearing on both motions on April 9, 2015.

On May 8, 2015, the Court issued an order to show cause.' Dkt. No. 63 (“OSC”). As a threshold . matter, the Court found that Alpi’s four-page opposition failed to engage with the relevant legal standard. Id. at 3. Rather than identifying the shared protectable characteristics between its eighteen asserted designs and Anga’s accused products; Alpi’s argument on infringement consisted solely of the conclusory observation that the Similarities between its bull design and Anga’s bull “far outweigh[ed] any differences.” Dkt. No. 58 at 2. Alpi inexplicably failed to address the other seventeen toy designs at issue in its claims. Id. The Court also observed that many of Anga’s asserted designs — like its orange and pear toys— although not challenged by Alpi on summary judgment, appeared to constitute the very same kind of stock, seéne á fame designs Anga argued did not support a finding of infringement in its summary judgment motion against Alpi. See Anga Mot. 4-9. In its order to show cause, the Court directed Alpi and Anga to: (1) identify the protectable elements shared between its designs and the allegedly infringing works, and (2) explain why each element is protectable or (at the very least) is part of a group of otherwise un-protectable elements that, by their selection or arrangement, are sufficient to trigger copyright protection; See O.SC at 6. The Court further directed Anga to identify the evidence that creates a triable issue of fact concerning whether Alpi copied Anga’s asserted works. Id. at 7.

The'parties filed briefs pursuant to the Court’s order to show cause on May 22, 2015, Dkt. Nos. 64 (“Alpi OSC Br.”) and 66 (“Anga OSC Br.”), and filed responses on May 29, 2015, Dkt. Nos. 92 (“Alpi OSC Resp.”) and 91 (“Anga OSC Resp.”). Neither party fully complied with the Court’s order. Although the Court was explicit that the parties were to identify shared protectable traits “for each and every product at issue,” Dkt. No. 63 at 6-7, Alpi performed that analysis for only seven of its asserted designs, see Alpi OSC Resp. at 7-19 (identifying shared protectable traits between Alpi and Anga bull, hammerhead shark, sea lion, shark, dolphin, orea, and chicken toys). Alpi’s brief is silent on the existence- of protectable elements in its frog, horse, astronaut, penguin, and cow designs. See id: Although Anga’s brief nominally addressed each of its 43 asserted designs, it ignored the Court’s direction to “explain why each element is protecta-ble.” OSC at 7. For- example, Anga’s “explanation” for its donut design reads, in its entirety, “particular' size and color contrast.” Anga OSC Br. at 4.

[1176]*1176.. The Court has reviewed the parties’ submissions and the relevant case law, where provided. However, as described below, the parties have failed to meaningfully argue or support their positions with respect to much of the relief requested in their motions. Accordingly, while this .Order disposes of the parties’ motions for summary judgment in their entirety, the Court will not decide several of the issues raised due to the parties’ failure to provide adequate briefing.

I. LEGAL STANDARD

Under Federal Rule of Civil Procedure 56(a), “the court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Material facts are those that may affect the outcome of the case. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248; 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute as to a material fact is “genuine” if the evidence is such that “a reasonable jury could return a verdict for the nonmoving party.” See id. “[I]n ruling on a motion for summary judgment, the judge must view the evidence presented through the prism of the substantive evidentiary burden.” Id. at 254, 106 S.Ct. 2505. The question is • “whether a jury could reasonably find either that the [moving party] proved his case by the quality and quantity of evidence required by the governing law or that he did not.” Id. “[A]ll justifiable inferences must be drawn in [the nonmovant’s] favor.” See United Steelworkers of Am. v. Phelps Dodge Corp., 865 F.2d 1539, 1542 (9th Cir.1989) (en banc) (citation omitted).

The moving party must inform the district- court of the basis for its motion and identify those portions of the pleadings, depositions, interrogatory answers, admissions and affidavits, if any, that it contends demonstrate the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 266 (1986). A party opposing motion for summary judgment “may not rest upon the mere allegations or denials of [that] party’s pleading, but ... must set forth specific facts showing that there is a genuine issue .for trial,” See Fed. R. Civ. P. 56(e); see also Liberty Lobby, 477 U.S. at 250, 106 S.Ct. 2505. The opposing party need not show the issue will be resolved conclusively in its favor. See id. at 248-49, 106 S.Ct, 2505. All that is necessary is submission of sufficient evidence to create a material factual dispute,, thereby requiring a jury or judge to resolve the parties’ differing versions at trial. See id.

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118 F. Supp. 3d 1172, 2015 U.S. Dist. LEXIS 102723, 2015 WL 4647829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alpi-international-ltd-v-anga-supply-llc-cand-2015.