12 results for 'cat:"Copyright" AND cat:"Business Practices"'.
J. Summerhays grants a request by an oilfield service company, dismissing unfair trade practice claims against a former business partner involved in the development and marketing of a a flowback tank system used in the oilfield. Despite its use of buzzwords, such as "misleading" and
"deceiving," the company has not sufficiently alleged an unfair trade practices claim.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 1, 2024, Case #: 6:20cv581, NOS: Other Contract - Contract, Categories: copyright, Energy, business Practices
J. Pitman partially grants a motion to dismiss crossclaims brought by the CEO of an e-commerce liquor company after he was countersued by a former employee who asserted ownership claims over the company and was previously sued for copyright infringement. A fraud counterclaim by the former employee should be dismissed because she has failed to include “vital” information about when she learned she would not have a significant stake in the company — but she may amend her complaint to add this information, and her other claims can proceed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: January 29, 2024, Case #: 1:22cv467, NOS: Copyrights - Property Rights, Categories: copyright, Fraud, business Practices
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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. 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. Reidinger grants the so-called “World’s Largest Tie Store” its motion to dismiss allegations of copyright infringement when one of its ties reportedly featured work by a North Carolina artist used without her permission. The work, entitled “50 Rock Star Scientists Mosaic,” was allegedly copied by the store. However, the court lacks personal jurisdiction because the store, based in Florida, did not purposefully seek to do business in North Carolina, and their sales in North Carolina account for only 0.45% of its total profits since 2014.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 30, 2023, Case #: 1:22cv139, NOS: Copyrights - Property Rights, Categories: copyright, Jurisdiction, business Practices
J. Saylor grants a marketing and design studio and its founder’s motion for summary judgment against the fitness studio suing them for having a trademark, logo and website it claims are too similar to its own. The fitness studio’s logo and trademark are not inherently distinctive and it is unlikely that they and the marketing and design studio would be confused with each other, as they are in such different industries.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 11, 2023, Case #: 1:21cv11763, NOS: Trademark - Property Rights, Categories: copyright, Trademark, business Practices
J. Valderrama grants fast-fashion retailer Shein’s motion for a temporary restraining order against Temu, a Chinese online retailer, finding Shein company has reasonably alleged that it is being harmed by the retailer’s use of marks that mimics the “SHEIN” brand.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: July 31, 2023, Case #: 1:22cv7119, NOS: Trademark - Property Rights, Categories: copyright, Trademark, business Practices
J. Agee finds the lower court properly granted judgment to the plaintiff software protection company. The defendant software protection company failed to show any evidence despite accusing the plaintiff software protection company of engaging in unlawful conduct related to the content of the defendant software protection company's vulnerability database. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: June 15, 2023, Case #: 22-1812, Categories: copyright, Trade Secrets, business Practices