153728P.pdf   11/01/2016  Warner Bros. Entertainment  v.  X One X Productions
   U.S. Court of Appeals Case No:  15-3728
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Loken and Benton, Circuit Judges] 
   Civil case - Copyright. For the court's prior opinion in the matter, see 
   Warner Bros. Entm't, Inc. v. One X Productions, et al., 644 F.3d 584 (8th 
   Cir. 2011). Defendant's Seventh Amendment claim was not properly before 
   the court and would not be considered; claim that the district court's 
   $2.75 million statutory damages award was disproportionate to the offense, 
   insufficiently reasoned and in violation of this court's earlier decision 
   is rejected; neither the doctrine of judicial estoppel nor the principle 
   of judicial admissions barred plaintiff's trademark claims; the trademark 
   claims were not barred by Dastar Corp. v. Twentieth Century Fox Film Corp, 
   539 U.S. 23 (2003); defendant had waived the functionality and fair use 
   defenses to plaintiff's trademark claim; the issue of likelihood of 
   confusion does not always require a jury trial, and the district court did 
   not err in granting plaintiff summary judgment on the issue; challenges to 
   permanent injunction rejected.