The limitation might have failed in an earlier period, but more recent precedents were more forgiving.
Parties to a photo image license were free to contract for a two-year statute of limitations under California law, the U.S. Court of Appeals for the Ninth Circuit has held. The court, in an unpublished opinion, also affirmed a district court’s opinion that the licensee did not commit infringement during the two-year lookback period (Evox Productions, LLC v. Chrome Data Solutions, LP, February 10, 2023, Watford, P.).
Case date: 10 February 2023
Case number: No. 22-35113
Court: United States Court of Appeals, Ninth Circuit
A full summary of this case has been published on Kluwer IP Law.