Case: Copyrights/Infringement (9th Cir.)

The Court of Appeals for the Ninth Circuit affirmed a federal district court’s dismissal of Color Switch LLC’s copyright infringement and declaratory action against Fortafy Games DMCC. The Ninth Circuit found that the dispute references the parties’ publishing agreement for a mobile game because Fortafy alleges that it has ownership rights to the game based on the agreement and that Color Switch’s claims fall within the scope of the forum-selection clause in the agreement. The Ninth Circuit then held that the district court acted within its discretion when it (1) found that the forum-selection clause in the agreement did not ...