[Solved] Cherry Auction operated a flea market, or swap meet, in Fresno, California, in which third-party vendors sold counterfeit copies of music of Fonovisa, a California corporation that owns copyrights and

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Cherry Auction operated a flea market, or swap meet, in Fresno, California, in which third-party vendors sold counterfeit copies of music of Fonovisa, a California corporation that owns copyrights and trade marks of Latin Hispanic music recordings. Fonovisa filed suit against Cherry Auction, Inc., for copyright infringement.
The vendors pay a daily rental fee to Cherry Auction for booth space. Cherry Auction supplies parking and advertising and retains the right to exclude any vendor for any reason at any time.
Cherry Auction was aware that vendors in its swap meet were selling counterfeit Fonovisa recordings because the Fresno County Sheriff’s Department raided the Cherry Auction swap meet and seized more than 38,000 counterfeit recordings. The following year, after finding that vendors at the Cherry Auction swap meetwere still selling counterfeit recordings, the sheriff sent a letter notifying Cherry Auction about the infringement. Is Cherry Auction liable to Fonovisa? Fonovisav. Cherry Auction, Inc., 76 F.3d 259 (9th Cir. 1996).


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