Ninth Circuit -- FLEISCHER STUDIOS, INC. V. A.V.E.L.A., INC.

FLEISCHER STUDIOS, INC. V. A.V.E.L.A., INC.

Doctrine of indivisibility of copyrights does not mean that an explicit transfer of film rights while retaining character rights by a separate and nonspecific clause implies that transferor did not wish to retain character rights.

Transferor's subsequent licensing of character does not mean that they thought to retain character in an earlier deal.

No abuse of discretion in declining to consider evidence submitted after FRCP deadline.

Appeals court should not take judicial notice of untimely submitted (to trial court) trademark registration.

Fractured trademark ownership is not a per se bar to a finding of secondary meaning.

Dissent - Title to the character passed.