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Lindal Cedar Homes, Inc. v. Wilkinson

Citation: 35 F. App'x 507Docket: No. 00-35868; D.C. No. CV-99-00067-WFN

Court: Court of Appeals for the Ninth Circuit; May 14, 2002; Federal Appellate Court

Narrative Opinion Summary

In the appellate case involving Lindal Cedar Homes, Inc. and Premier Home Design and Planning, Inc. against Kenneth and Lori Wilkinson, the court reversed a summary judgment that was initially in favor of the Wilkinsons. The central legal issue revolved around whether a nonexclusive implied license existed, as determined by the precedent in Effects Associates, Inc. v. Cohen. The court found the evidence insufficient to establish such a license, noting neither a request for nor provision of a design or plan by Lindal to the Wilkinsons. Furthermore, the court highlighted the irrelevance of Foad Consulting Group, Inc. v. Azzalino due to the absence of pertinent extrinsic evidence or an established course of conduct. The appellate court refused to consider additional theories from Lindal or alternative affirming grounds from the Wilkinsons, as these were not examined by the district court, coupled with an insufficient appellate record. The disposition of the case is non-public, and the Wilkinsons' motion to strike Lindal's additional submissions during the appeal was granted, reinforcing procedural adherence in appellate matters.

Legal Issues Addressed

Appellate Review Limitations

Application: The appellate court declined to review additional theories or grounds not addressed by the district court due to an inadequate appellate record.

Reasoning: The court declined to examine additional theories for reversal from Lindal or alternative affirming grounds from the Wilkinsons, as these were not addressed by the district court, and the appellate record was inadequate for review.

Implied License under Copyright Law

Application: The court ruled that the undisputed facts did not support the existence of a nonexclusive implied license between the parties.

Reasoning: The key points established that the undisputed facts do not support the existence of a nonexclusive implied license, as defined in Effects Associates, Inc. v. Cohen.

Motions to Strike in Appellate Proceedings

Application: The appellate court granted the Wilkinsons' motion to strike additional submissions by Lindal, indicating procedural limitations in appellate submissions.

Reasoning: The Wilkinsons' motion to strike Lindal's additional submissions made during the appeal was granted.

Relevance of Extrinsic Evidence

Application: The court found that the absence of relevant extrinsic evidence or established course of conduct precluded the application of the precedent set in Foad Consulting Group, Inc. v. Azzalino.

Reasoning: The court noted that Foad Consulting Group, Inc. v. Azzalino does not provide contrary support because there was no relevant extrinsic evidence or established course of conduct in the record.

Sufficiency of Evidence for Implied Intent

Application: There was insufficient evidence to suggest that Lindal intended for the Wilkinsons to copy any of its works, therefore negating the claim of an implied license.

Reasoning: There was insufficient evidence to suggest that Lindal intended for the Wilkinsons to copy any of its works.