OHIO STATE UNIVERSITY v. REDBUBBLE, INC.

No. 19-3388.

989 F.3d 435 (2021)

The OHIO STATE UNIVERSITY, Plaintiff-Appellant, v. REDBUBBLE, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 25, 2021.


Attorney(s) appearing for the Case

ARGUED: Michael J. Hendershot , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant. Kenneth B Wilson , COASTSIDE LEGAL, Half Moon Bay, California, for Appellee. ON BRIEF: Michael J. Hendershot , Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant. Kenneth B Wilson , COASTSIDE LEGAL, Half Moon Bay, California, Gerhardt A. Gosnell II , JAMES E. ARNOLD & ASSOCIATES, LPA, Columbus, Ohio, Joshua M. Masur , ZUBER LAWLER & DEL DUCA LLP, Redwood City, California, for Appellee. David H. Bernstein , DEBEVOISE & PLIMPTON LLP, New York, New York, Paul D. Clement , KIRKLAND & ELLIS LLP, Washington, D.C., Joseph C. Gratz , Samuel J. Zeitlin , DURIE TANGRI LLP, San Francisco, California, Jef Pearlman , UNIVERSITY OF CALIFORNIA GOULD SCHOOL, Los Angeles, California, for Amici Curiae.

Before: GRIFFIN, WHITE, and NALBANDIAN, Circuit Judges.


OPINION

Online shopping has transformed American life. Gone is the heyday of shopping malls and in-person retail. Instead, Americans increasingly choose to make purchases online. Although digital marketplaces may not require the same type of upkeep and maintenance as brick-and-mortar businesses, someone still...

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