GAYLORD v. U.S.

Attorney(s) appearing for the Case

Anthony L. Fletcher, Fish & Richardson P.C., of New York, NY, argued for plaintiff-appellant. On the brief was Heidi E. Harvey, of Boston, MA.

Scott Bolden, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, John J. Fargo, Director. Of counsel on the brief was Gary L. Hausken, Assistant Director.

Anthony T. Falzone, Stanford Law School, Center for Internet & Society, of Stanford, CA, for amici curiae Andy Warhol Foundation for the Visual Arts, Inc., et al. With him on the brief were Julie A. Ahrens, and Sarah Hinchliff Pearson. Of counsel on the brief were Zachary Alinder and Erica Brand Portnoy, Bingham McCutchen LLP, of San Francisco, CA.

Opinion for the court filed by Circuit Judge MOORE. Dissenting opinion filed by Circuit Judge NEWMAN.