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Fonovisa Inc. v. Cherry Auction, 76 F.3d 259 (9th Cir. 1996) PLAINTIFF: Fonovisa, Inc., a California corporation that owns copyrights and trademarks to Latin/Hispanic music recordings. DEFENDANT : Cherry Auction operators of a swap meet, sometimes called a flea market, where third-party vendors routinely sell counterfeit recordings that infringe on the plaintiff's copyrights and trademarks The district court dismissed on the pleadings, holding that the plaintiffs, as a matter of law, could not maintain any cause of action against the swap meet for sales by vendors who leased its premises. Fonovisa appealed. The Court of Appeals ruled in favor of Fonovisa stating that a swap meet can not disregard its vendors' blatant trademark infringements with impugnity.