Law / United States / California

Balboa Insurance Co. v. Trans Global Equities

Balboa Ins. Co. v. Trans Global Equities, 218 Cal.App.3d 1327 (Cal. Ct. App. 1990)

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Decided 21 March 1990 by the California Court of Appeal.

A hot news misappropriation rule binding public and private bodies.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

California Court of Appeal decision establishing the state's common-law misappropriation doctrine, requiring a plaintiff to show: (1) substantial investment of time and money in developing an intangible asset; (2) defendant's appropriation at little or no cost; and (3) resulting injury to plaintiff.

This doctrine underpins California hot-news misappropriation claims for time-sensitive news content, but its scope is substantially curtailed by 17 U.S.C. §301 federal copyright preemption whenever the misappropriated material falls within the subject matter of copyright, leaving only a narrow residual category for facts or time-sensitive information not themselves independently copyrightable.

What it reaches

Instrument type

a court decision

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Hot news

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Read the law

CourtListener full-text mirror of 218 Cal.App.3d 1327 (this instrument's url)
states "[No. C000793. Third Dist. Mar. 21, 1990.]" directly.

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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