green
Positive treatment
14.7 score
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 24 distinct citers.
cited
Cited as authority (rule)
Rodney Woodland v. Montero Hill
Cal. 1981), adopted and aff’d by Jason v. Fonda, 698 F.2d 966, 967 (9th Cir. 1982).
discussed
Cited as authority (rule)
Jon Astor-White v. Daniel Strong
Cal. 1981), incorp’d by reference, 698 F.2d 966, 967 (9th there are no protectable similarities between the two literary works.
cited
Cited as authority (rule)
EXPRESS, LLC v. Fetish Group, Inc.
The Ninth Circuit defines a reasonable opportunity as “more than a ‘bare possibility.’ ” Id. (quoting Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982)).
cited
Cited as authority (rule)
Seals-McClellan v. Dreamworks, Inc.
Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982).
discussed
Cited as authority (rule)
Shaw v. Lindheim
Specifically, they urged that: (1) there was insufficient evidence to support the jury’s finding of substantial similarity under the objective test; (2) the jury’s verdict with regard to the subjective test was against the weight of the evidence, which was probably the result of the jury’s confusion over the use of the “total concept and feel” language in the jury instructions, as it intimated that similarity between the two concepts rather than their protectible expression was sufficient to support a finding of substantial similarity; (3) the only evidence of access to plaintiff’s…
discussed
Cited as authority (rule)
Brewer Ex Rel. Brewer v. City of El Cerrito
Ray McDermott & Co., Inc., 698 F.2d 1295, 1320 (5th Cir.1983); Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982); Gray v. International Ass’n, etc., 447 F.2d 1118, 1120 (6th Cir.1971); Gem Corrugated Box Corp. v. National Kraft Container Corp., 427 F.2d 499 , 501 n. 1 (2d Cir.1970); Wright, Miller & Cooper § 3567.1 at 133—36.
discussed
Cited as authority (rule)
Anthony James Frybarger v. International Business MacHines Corporation, Gebelli Software, Inc., and Nasir Gebelli
Thus, “since Krofft, we have frequently affirmed summary judgments in favor of copyright defendants on the substantial similarity issue.” Id. (citing Litchfield, 736 F.2d at 1358 ; Durang, 711 F.2d at 142 ; Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982), incorporating by reference, Jason v. Fonda, 526 F.Supp. 774, 777 (C.D.Cal.1981)).
discussed
Cited as authority (rule)
ca9 1986
United Mine Workers v. Gibbs, 383 U.S. 715, 726 , 86 S.Ct. 1130, 1139 , 16 L.Ed.2d 218 (1966); Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982); Wren v. Sletten Construction Co., 654 F.2d 529, 536 (9th Cir.1981).
discussed
Cited as authority (rule)
Mari Otto v. Margaret M. Heckler, Secy., Department of Health & Human Services, Howard Jacobson
United Mine Workers v. Gibbs, 383 U.S. 715, 726 , 86 S.Ct. 1130, 1139 , 16 L.Ed.2d 218 (1966); Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982); Wren v. Sletten Construction Co., 654 F.2d 529, 536 (9th Cir.1981).
cited
Cited as authority (rule)
Professional Managers, Inc. v. Fawer, Brian, Hardy & Zatzkis
See, e.g., Southard v. Forbes, Inc. 588 F.2d 140, 145 (5th Cir.1979); See v. Durang, 711 F.2d 141 (9th Cir.1983); Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982); THI-Hawaii v. First Commerce Fin.
discussed
Cited as authority (rule)
ca3 1986
See also Richoux v. Armstrong Cork Corp., 777 F.2d 296 (5th Cir.1985) 6 6 Moore's Federal Practice p 56.15 56-642; Sartor v. Arkansas Natural Gas Corp., 321 U.S. 620, 624 , 64 S.Ct. 724, 727 , 88 L.Ed. 967 (1944) 7 See, e.g., Southard v. Forbes, Inc. 588 F.2d 140, 145 (5th Cir.1979); See v. Durang, 711 F.2d 141 (9th Cir.1983); Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982); THI-Hawaii v. First Commerce Fin.
discussed
Cited as authority (rule)
Ted Berkic v. Michael Crichton, Robin Cook, Marvin Moss, Metro-Goldwyn-Mayer/united Artists Entertainment Company
See Litchfield, 736 F.2d at 1358 (upholding summary judgment on ground that no reasonable jury could find substantial similarity); See v. Durang, 711 F.2d at 142 (same); Jason, *1293 526 F.Supp. at 777 , incorporated by reference, 698 F.2d at 966 (same).
cited
Cited "see"
Briggs v. Blomkamp
See Jason v. Fonda, 698 F.2d 966, 967 (9th Cir. 1982); see also Art Attacks, 581 F.3d at 1144 .
cited
Cited "see"
Olson v. Tenney
See Jason v. Fonda, 526 F.Supp. 774, 776 (C.D.Cal.1981), inconporated by reference in 698 F.2d 966 (9th Cir.1982).
discussed
Cited "see"
Dovenmuehle v. Gilldorn Mortgage Midwest Corp.
See Jason v. Fonda, 526 F.Supp. 774 (S.D.Cal.), aff'd, 698 F.2d 966 (9th Cir.1981); see also Pate Co. v. RPS Corp., 685 F.2d 1019, 1026 (7th Cir.1982) (whether to exercise the pendent jurisdiction § 1338(b) grants is within the district court’s discretion). .
discussed
Cited "see"
Dovenmuehle, Inc. v. Gilldorn Mortgage Midwest Corporation
See Jason v. Fonda, 526 F.Supp. 774 (S.D.Cal.), aff'd, 698 F.2d 966 (9th Cir.1981); see also Pate Co. v. RPS Corp., 685 F.2d 1019, 1026 (7th Cir.1982) (whether to exercise the pendent jurisdiction Sec. 1338(b) grants is within the district court's discretion) 3 Some courts have held that a business seller can continue using his personal name as a mark unless there is an express agreement that the buyer has the exclusive right to use the seller's name.
discussed
Cited "see"
ca9 1988
See Berkic v. Crichton, 761 F.2d 1289, 1293 (9th Cir.), cert. denied, 474 U.S. 826 , 106 S.Ct. 85 , 88 L.Ed.2d 69 (1985) (finding no substantial similarity of ideas where two works dealt "with criminal organizations that murder healthy young people, then remove and sell their vital organs to wealthy people in need of organ transplants" and both works took "their general story from the adventures of a young professional who courageously investigates, and finally exposes, the criminal organization"); see Jason v. Fonda, 526 F.Supp. 774, 777 (C.D.Cal.1981), incorp'd by reference, 698 F.2d 966, 96…
discussed
Cited "see"
Olson v. National Broadcasting Co. Inc.
See Berkic v. Crichton, 761 F.2d 1289, 1293 (9th Cir.), cert. denied, 474 U.S. 826 , 106 S.Ct. 85 , 88 L.Ed.2d 69 (1985) (finding no substantial similarity of ideas where two works dealt “with criminal organizations that murder healthy young people, then remove and sell their vital organs to wealthy people in need of organ transplants” and both works took “their general story from the adventures of a young professional who courageously investigates, and finally exposes, the criminal organization”); see Jason v. Fonda, 526 F.Supp. 774, 777 (C.D.Cal.1981), incorp’d by reference, 698 F.…
cited
Cited "see"
Litchfield v. Spielberg
See Jason v. Fonda, 698 F.2d 966 (9th Cir.1982), incorporating by reference, 526 F.Supp. 774, 777 (C.D.Cal.1981). 3.
cited
Cited "see"
Litchfield v. Spielberg
See Jason v. Fonda, 698 F.2d 966 (9th Cir.1982), incorporating by reference, 526 F.Supp. 774, 777 (C.D.Cal.1981). 22 3.
discussed
Cited "see"
Overman v. Universal City Studios, Inc.
(2×)
also: Cited "see, e.g."
See, Jason v. Fonda, 698 F.2d 966, 967 (9th Cir.1982).
cited
Cited "see"
John William See v. Christopher Durang and L.A. Stage Company
See Jason v. Fonda, 698 F.2d 966 , incorporating by reference 526 F.Supp. at 777 .
discussed
Cited "see, e.g."
Stewart v. Wachowski
“Where the copyrighted work has only been published to a limited audience, ... access cannot be inferred absent evidence that the defendants had a reasonable opportunity to view the work.” Repp v. Lloyd Webber, 858 F.Supp. 1292, 1301 (S.D.N.Y.1994), rev’d. on other grounds, 132 F.3d 882 (2d Cir.1997); see also Jason v. Fonda, 526 F.Supp. 774, 776-77 (C.D.Cal.1981) (the fact that two to seven hundred copies of plaintiffs book were available in Southern California bookstores “creates no more than a ‘bare possibility’ that defendants may have had access to plaintiffs book”), aff'd.,…
Sonya JASON, Plaintiff-Appellant,
v.
Jane FONDA, Et Al., Defendants-Appellees
v.
Jane FONDA, Et Al., Defendants-Appellees
81-5973.
Court of Appeals for the Ninth Circuit.
Dec 1, 1982.
Sonya Jason, in pro. per., Ronald S. Rosen, Los Angeles, Cal., for defendants-appellees.
Anderson, Pregerson, Nelson.
Cited by 50 opinions | Published
J. BLAINE ANDERSON, Circuit Judge:
Sonya Jason brought an action against Jane Fonda and eight other defendants for copyright infringement, unfair competition, misappropriation, and breach of implied contract. Mrs. Jason’s primary allegation was that the defendants’ motion picture, Coming Home, infringed on the copyright in her novel, Concomitant Soldier — Woman and War. The district court granted the defendants’ motion for summary judgment and dismissed the other claims. We affirm.
[*967] Our review of the facts and issues leads us to concur in the well-reasoned decision of Judge Kelleher filed September 21, 1981. 526 F.Supp. 774 (C.D.Cal.1982). We therefore incorporate his memorandum of decision by reference. Judge Kelleher aptly points out:
(1) Mrs. Jason presented evidence showing no more than a “bare possibility” the defendants had access to her work. Such a showing is insufficient to create a genuine issue of material fact. See British Airways Board v. Boeing Company, 585 F.2d 946, 952 (9th Cir.1978), cert. denied, 440 U.S. 981 [99 S.Ct. 1790, 60 L.Ed.2d 241] (1979);
(2) Even assuming access, there was no substantial similarity between the two works under the standards announced by this court in Sid & Marty Krofft Television Productions, Inc. v. McDonald’s Corp., 562 F.2d 1157 (9th Cir.1977); and
(3) It is proper to dismiss pendent state claims when the federal claim is dismissed prior to trial. Wham-O Mfg. Co. v. Paradise Manufacturing Co., 327 F.2d 748, 753 (9th Cir.1964); see also, Wren v. Sletten Construction Co., 654 F.2d 529, 536 (9th Cir.1981).
Additionally, Judge Kelleher did not abuse his discretion in handling discovery nor in denying Mrs. Jason’s motion for reconsideration.
The appellees’ request for sanctions and attorney’s fees is denied. Single costs are allowed.
The judgment of the district court is AFFIRMED.