Adam Tostado, Chitonio Enterprises, LLC D/B/A a Tostado Corporation D/B/A ATC Tax & Business Solutions v. A.J. Pelletier Enterprises, Inc., D/B/A Creative Business Solutions

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting 15 the access and substantial similarity prongs at this step are also referred to as “copying” 16 and “unlawful appropriation,” respectively
• finding the district court did not abuse its “broad discretion” by permitting expert 18 to testify notwithstanding his alleged conflict of interest
• noting “dismissal at the 18 pleading stage is by no means unprecedented” in copyright infringement cases
• noting “dismissal at the 18 pleading stage is by no means unprecedented” in copyright infringement cases
• substantial similarity may be decided as a matter of law by applying the extrinsic test
• “To conclude otherwise would allow a 17 court to base a grant of summary judgment on a purely subjective determination of 18 similarity.”

Source: CourtListener parenthetical corpus (CC0).