215 results for 'nos:"Copyrights - Property Rights"'.
J. Dever denies a business owner’s motion to dismiss copyright infringement claims in this sprawling suit initially brought by a marketing and entertainment software developer and its subsidiary against 33 named business entities and 55 unnamed entities. The developer claims most of these entities infringe on its copyrighted software systems called Phantom Software and Phoenix Gold in physical locations, websites and mobile apps. Presently, the developer alleges one such business entity and its owner are infringing. The business owner and his firm move to dismiss, but because the business is a corporation and the owner appears pro se, he cannot proceed because corporations can only proceed in federal court using licensed counsel. Also, the developer is correct in asserting its claims against the owner because he is a Phantom Software distributor and, therefore, is harming the developer by distributing and operating the infringing software.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, Business Practices, Technology
J. Hall grants the client's motion to dismiss copyright claims brought by the marketing services company, ruling that because the marketing company's cease-and-desist letter did not contain an offer to return payments made by the client, it cannot seek recission of the copyright purchase contract, which is valid and transferred ownership to the client.
Court: USDC Connecticut, Judge: Hall, Filed On: December 15, 2023, Case #: 3:22cv1175, NOS: Copyrights - Property Rights, Categories: Copyright, Contract
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J. Wolford finds for a professional photographer in claims contending a media company used his copyrighted photo of New York State officials without permission because the photographer submitted the copyright registration, and the image on the company's website is identical to the registered photo. Meanwhile, the company failed to respond to the complaint.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 15, 2023, Case #: 6:23cv6094, NOS: Copyrights - Property Rights, Categories: Copyright
J. Robart grants the widower's motion for case-dispositive sanctions against pro se defendant Louis Clyde Holder, which relates to his complaint that the advertising agency and the radio program host used the copyrighted works of the widower's deceased wife, who was an author and media personality, without permission. Holder violated the court's discovery orders issued on three separate occasions by not responding to them and by not appearing for a hearing. The widower may file a motion for attorney fees incurred in bringing his sanctions motion and entry of default by no later than Jan. 5, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 13, 2023, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Wilson finds in favor of Lions Gate against the screenwriter's complaint accusing it of creating and airing a television show called "P-Valley" that infringed on the screenwriter's copyright for her musical stage play, "Soul Kittens Cabaret," as both works are about Black dancers working in a cabaret club. The idea for the play is not unique enough to make it a protected idea and there are no other substantial similarities between the two pieces of work.
Court: USDC Central District of California, Judge: Wilson, Filed On: December 7, 2023, Case #: 2:23cv2147, NOS: Copyrights - Property Rights, Categories: Copyright
J. Foster grants the pornographer's motions to serve third-party subpoenas to internet service providers in its effort to identify several unidentified internet users who it alleges violated its copyrights. Expedited discovery is warranted in this case since the pornographer has stated an actionable claim, its requests are specific, there are no other ways to obtain required information for the case to proceed, and it has established appropriate privacy guardrails. In deference to the privacy interests of the internet subscribers to be identified, the court sets out a process for serving the subpoenas and for the subscribers to proceed in litigation anonymously.
Court: USDC Minnesota, Judge: Foster, Filed On: December 6, 2023, Case #: 0:23cv2203, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Frimpong denies in part a comic book co-creator and writer's motion for summary judgment regarding a colorist's allegations of copyright infringement. The colorist alleges that he is a co-writer of the comic book "Invincible," that he owns a portion of the copyright, and that he is owed royalties on derivative works based on "Invincible." The statute of limitations bars the colorist's copyright and fraud claims, but a factual dispute exists regarding the initial agreement and the colorist's compensation. Neither the breach of contract claim nor the claims for declaratory relief as to the Certificate of Authorship are time-barred. The colorist "seeks either to invalidate the Certificate of Authorship on the basis that it lacked consideration or to clarify the meaning and scope of the Certificate of Authorship and oral contract."
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 22, 2023, Case #: 2:22cv180, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Contract
J. Mullen grants an office supplies merchant's motion for summary judgment following allegations of copyright infringement brought by a competitor. The competitor claims that the merchant's "One Hip Chick" floral pattern, for instance, is so similar as to copy the competitor's design. However, it is clear that there are no substantial similarities between any of the designs presented, so the competitor's claims fail.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: November 16, 2023, Case #: 3:21cv633, NOS: Copyrights - Property Rights, Categories: Copyright, Trade, Business Practices
J. Dever orders an injunction be placed on a person who, in conjunction with multiple other individuals and companies, allegedly used copyright-infringing software or machines in violation of state and federal laws. It is deemed proper that an injunction be used in this case, and this person has consented to it, stipulating that he no longer use, distribute or duplicate any intellectual property belonging to the two marketing and auctioneering firms that initially brought the claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 14, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Injunction
J. Yarbrough grants, in part, the baler manufacturing company's motion to compel discovery, ruling the former employee must provide more detailed responses to several interrogatories, including his involvement with the development and production of a baler over which he attempted to assert ownership. However, because the employee and other defendants were granted an extension after initially failing to respond to the first set of discovery requests, the manufacturing company is not entitled to attorney fees related to this motion.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: November 8, 2023, Case #: 1:23cv99, NOS: Copyrights - Property Rights, Categories: Discovery, Attorney Fees, Contract
J. Zilly grants the deferred portion of Bungie's sealed motion for discovery sanctions regarding its complaint that the cheat code developer committed copyright infringement by distributing a software cheat for Bungie's Destiny 2 game. The cheat code developer had a duty to protect the information on four hard drives that one of the defendants wiped, because the information on those drives was potentially relevant evidence to this case.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 1, 2023, Case #: 2:21cv811, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Discovery
J. Christel grants the professor's motion for contempt and sanctions against the research company and others for not paying court-ordered fees and costs, which arises from the professor's complaint that the research company and others used and sublicensed the professor's intellectual property after he terminated their licensing agreement. The research company must pay a $1,500 sanctions fee, because it does not properly appeal against the $33,500 award the professor won.
Court: USDC Western District of Washington, Judge: Christel, Filed On: October 31, 2023, Case #: 2:21cv1301, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions
J. Abelson orders a mortgage company to supplement or amend their responses to interrogatories in this copyright discovery dispute brought by a video firm. The video business alleges infringing work and whether the mortgage company has complied with the interrogatories. The court has already “granted the motion to stay, and simultaneous with referral of this discovery dispute, has also since granted leave to amend.”
Court: USDC Maryland, Judge: Abelson, Filed On: October 24, 2023, Case #: 1:22cv3280, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Komitee denies a motion for a preliminary injunction to an online merchant on its copyright claims that seeks to prohibit a competing Amazon seller from using copyrighted photographs of its shampoo and soap pump dispensers to advertise competing products. The photographs lack the requisite degree of originality to grant them protection under copyright laws.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: October 19, 2023, Case #: 1:23cv1777, NOS: Copyrights - Property Rights, Categories: Copyright
J. Meriweather grants an adult film company's motion for leave to file a third-party subpoena against an internet service in its copyright infringement case. The company has shown it needs the name and address of the subscriber of the IP address at issue in order to identify an individual who has allegedly downloaded and distributed 26 of its copyrighted films.
Court: USDC District of Columbia, Judge: Meriweather, Filed On: October 17, 2023, Case #: 1:23cv2861, NOS: Copyrights - Property Rights, Categories: Copyright
J. Zilly declines to find in favor of Bungie on the cheat code developer’s Digital Millennium Copyright Act (DMCA) counterclaim. When the developer would connect reverse engineering software to Bungie’s game, Destiny 2, Bungie would record certain metadata from his computer. The developer sufficiently alleges that Bungie bypassed his password protection to access files on his computer, which is “the type of circumvention the DMCA was intended to prevent.”
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 16, 2023, Case #: 2:21cv811, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Technology