215 results for 'nos:"Copyrights - Property Rights"'.
J. Burroughs grants in part a design and coding educator's motion to dismiss copyright claims brought against it by a graphic design educator and compel arbitration. The parties arbitration agreement is valid, so their dispute should be presented to an arbitrator who can determine its arbitrability. Because only the question of whether the case is arbitrable is being arbitrated and not the case itself yet, it is being stayed while arbitrability is determined, rather than dismissed.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 27, 2023, Case #: 1:22cv11404, NOS: Copyrights - Property Rights, Categories: Arbitration, Copyright, Trademark
J. Chen finds that the copyright plaintiff's cartoons and the characters in them are entitled to "thick" or "broad" copyright protection, under which a jury must find protectable elements of works to be "substantially similar" to the copyrighted work to support a finding of copyright infringement, rather than "virtually identical." While the range of expression of baby cartoon characters, which feature prominently in cartoons, is narrow as compared to some other characters, there remain a broad array of ways in which a cartoon baby could be made distinct from other cartoon babies.
Court: USDC Northern District of California, Judge: Chen, Filed On: July 26, 2023, Case #: 3:21cv6536, NOS: Copyrights - Property Rights, Categories: Copyright, Jury
J. Fitzwater refuses to dismiss copyright infringement claims filed by the production company behind the show, “Cheaters,” in which it claims broadcast companies are broadcasting episodes over the internet in a way that infringes its copyrights. Contrary to the broadcasters' argument, it is unclear at this point whether they have an affirmative defense to the copyright claims.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: July 25, 2023, Case #: 3:22cv2780, NOS: Copyrights - Property Rights, Categories: Copyright
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J. Du finds in favor of Oracle, permanently enjoining the infringing support company in this software copyright and unfair competition dispute arising from the support company's unauthorized copying of Oracle's enterprise software into and from development "gap customer" environments created by the support company for its own clients. At trial, the owner of the support company admitted that his deposition testimony about the timing and purpose of the software migration was “incorrect,” and further admitted that he decided to do the migration to “save... our own server costs” and “offset... other costs." He also continued making copies of the environments that had previously been ruled as infringing.
Court: USDC Nevada, Judge: Du , Filed On: July 24, 2023, Case #: 2:14cv1699, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Frimpong denies an entertainment news website's motion to dismiss a copyright dispute over the republication of a photograph of Rihanna and A$AP Rocky. The news site's use of the photo does not constitute fair use as the site acknowledged that it wholesale copied the entire original photograph as part of an article when it copied the work from a screenshot of Lil Uzi Vert’s Instagram story.
Court: USDC Central District of California, Judge: Frimpong, Filed On: July 19, 2023, Case #: 2:22cv6518, NOS: Copyrights - Property Rights, Categories: Copyright
J. Parker grants, in part, the photographer's motion for summary judgment, ruling that while the bar owner was not the creator of the advertisement that used a copyrighted photo without permission, the public display of the ad at the bar establishes liability for copyright infringement because of the striking similarity between the two images. Meanwhile, there is no evidence of willful conduct on the part of the bar owner and the photographer has not established he is entitled to any degree of statutory damages; therefore, both parties' motion on the issue of damages is denied.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: July 18, 2023, Case #: 1:22cv973, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Woods grants Penguin's motion to dismiss this suit alleging copyright infringement brought by the author of a book meant to promote self-esteem for Black boys. Copyright assures the right to original expression while encouraging others to build freely upon conveyed ideas. The author seeks to monopolize the idea of the subject rather than its expression. The court finds the total look and feel of the author's book with the alleged infringing work are not substantially similar.
Court: USDC Southern District of New York, Judge: Woods , Filed On: July 5, 2023, Case #: 1:22cv7500, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud
J. Broderick adopts the magistrate's report and recommendation awarding over $14 million to the content administrator that alleges that the software company trafficked products designed to circumvent its encryption technology. Damages were properly calculated by an expert witness. Website traffic evidence was correctly used in determining the award. Evidence used in determining the damages award was properly admitted, as well as being the only evidence proffered.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: July 5, 2023, Case #: 1:14cv1112, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. enters default judgment against a supplier of promotional items on claims that it infringed the photography licenser's copyrighted photograph without its consent. The court orders the supplier to pay $23,976 in statutory damages and issues an injunctive prohibiting the supplier from further infringing on the licenser's copyrighted works.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: June 28, 2023, Case #: 1:22cv1270, NOS: Copyrights - Property Rights, Categories: Copyright
J. Chun grants default judgement to the Texas corporation for its claim that the Chinese corporation unlawfully copied 19 of the former's original photographs and used them to market its products on Amazon. A reasonable consumer would likely confuse the Chinese corporation's copies with the Texas corporation's products because the images and titles that the Chinese corporation used in its Amazon listings are identical to the Texas corporation's photographs and marks. The Texas corporation is entitled to an injunction and $47,900 in costs.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 27, 2023, Case #: 2:22cv1413, NOS: Copyrights - Property Rights, Categories: Copyright, Damages, Injunction
J. Lawrence enters default judgment against a meat supplier on a professional food industry photography company's copyright claims, finding the supplier willfully displayed the copyrighted photograph on its website without purchasing a yearly subscription to the company's service. The court awards the company $23,970 in statutory damages, plus $2,071 in attorney fees and $512 in costs. The court further issues a permanent injunction prohibiting the supplier from infringing on the company's copyrighted works.
Court: USDC Northern District of New York, Judge: Lawrence, Filed On: June 27, 2023, Case #: 1:22cv704, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
[Consolidated.] J. Grimberg grants the adult film library owner's motions to serve subpoenas on the individuals in a copyright infringement action alleging that the individuals copied and reproduced dozens of the films. The owner sufficiently identified the individuals by their IP addresses and has sufficiently alleged that the individuals infringed on protected elements of its copyrighted works. The early discovery requested by the owner will likely uncover the individuals' identities.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: June 26, 2023, Case #: 1:23cv2098, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Foster grants the pornographer's motions to serve third-party subpoenas on internet service providers to obtain identifying information for 17 unknown persons alleged to have unlawfully distributed its films. The pornographer has sufficiently stated an actionable copyright-infringement claim in each case, its discovery requests are sufficiently specific, it has adequately shown that there are no alternative ways to obtain the requested information and that the cases cannot proceed without it, and that, with protective orders keeping the identities of the people identified from the public, the pornographer's right to pursue its claims outweigh their expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: June 20, 2023, Case #: 0:23cv1571, NOS: Copyrights - Property Rights, Categories: Copyright, Privacy, Discovery
J. Lioi grants the GPS software company's motion to dismiss, ruling the copyright owner of the training materials failed to establish jurisdiction because none of the allegations about copyright infringement involve the software company's activities in the state of Ohio. While the company conducts some business within the jurisdiction of this court, the lawsuit claims one of its employees stole training materials from a previous employer neither located in nor conducting business in Ohio.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 16, 2023, Case #: 5:22cv311, NOS: Copyrights - Property Rights, Categories: Copyright, Jurisdiction
J. Khalsa partially grants an art group’s motion for summary judgment on claims that it improperly used work by the suing artist for “marketing and promotion.” While genuine issues do still exist in this case over alleged infringement are not appropriate for summary judgment at this time, there is “undisputed evidence” that at least at one point, the artist understood and approved that this work would be used for marketing and promotion, including the fact that she interacted approvingly with social media posts from the company regarding the art work.
Court: USDC New Mexico, Judge: Khalsa, Filed On: June 16, 2023, Case #: 1:20cv237, NOS: Copyrights - Property Rights, Categories: Copyright, Contract
J. Failla denies the defendant television developer's motion to dismiss a copyright action stemming from its production of a police reality show called "On Patrol: Live," which the plaintiff developer claims is virtually identical to a show the parties collaborated on together called "Live PD" which was taken off the air after the death of George Floyd. The complaint plausibly alleges the two shows serve the same purpose, and there is unquestionably probable consumer confusion as shown by tweets showing viewer excitement that Live PD is back on the air.
Court: USDC Southern District of New York, Judge: Failla, Filed On: June 16, 2023, Case #: 1:22cv7411, NOS: Copyrights - Property Rights, Categories: Communications, Copyright
J. Breyer grants Dish Network's request for summary judgment in its dispute with a set-top box company over copyright claims that the company was providing channels that are exclusive to Dish. The company knew about its infringement but continued to make money off it anyway, so Dish prevails on all of its claims. Additional briefing is needed to determine whether Dish is entitled to statutory damages and, if so, how these calculations should be made.
Court: USDC Northern District of California, Judge: Breyer, Filed On: June 13, 2023, Case #: 3:20cv1891, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 29 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv11180, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Kennelly grants summary judgment to the Swedish video game studio that released “Granny” and its two sequels on copyright claims brought by a U.S. film studio, which made the 1999 horror film “Granny.” Despite the film studio’s assertion otherwise, the court finds it has not sufficiently established that the game includes elements that are substantially similar to the film or its monster designs.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 12, 2023, Case #: 1:22cv2088, NOS: Copyrights - Property Rights, Categories: Copyright
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 36 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv10942, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Reidinger grants, in part, a company's request for the review of a former business partner's application for copyright registration of anti-phishing software in a dispute over ownership of portions of the software's code. Although the case will not be stayed, the company has sufficiently supported its claims regarding inaccuracies in the year of completion and publication date.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: June 12, 2023, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright
J. Docherty partially grants the copyright claimant's motion for leave to amend its complaint alleging that the licensee continued using licensed materials after the termination of its license. The motion is not untimely, and four of its proposed amended claims for copyright infringement, unauthorized distribution and contributory copyright infringement are not futile. Five other claims are futile, and the motion is denied as to those claims.
Court: USDC Minnesota, Judge: Docherty, Filed On: June 9, 2023, Case #: 0:22cv343, NOS: Copyrights - Property Rights, Categories: Copyright, Contract