28 results for 'cat:"Copyright" AND cat:"Contract"'.
J. Reidinger requests the Ministry of Justice’s assistance, under the Hague Convention, in acquiring testimony for an upcoming copyright infringement suit brought by a tech security company against a similar firm. The firm began using the company’s intellectual property outside of the parties’ contractual relationship, and the request is for oral testimony by a relevant party living in The Netherlands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 19, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: copyright, International Law, contract
J. Snyder denies a hotel's motion for judgment on the pleadings regarding a contract dispute with an architectural firm and denies in part its motion for judgment on the pleadings regarding the architectural firm's copyright infringement claim stemming from a contract to provide architectural design services for a new hotel. The firm alleges that its architectural designs were used without permission or payment. The firm has "adequately pled its claim for copyright infringement at this stage by alleging its ownership of the drawings and plans, its registration of the copyright, and the infringement" by the hotel.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 25, 2024, Case #: 8:22cv459, NOS: Copyrights - Property Rights, Categories: copyright, contract
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J. Reidinger partially denies an American email authentication software firm's motion to compel documents and responses during an protracted discovery process with its European affiliate. The firm claims the European affiliate is trying to separate its business operations from that of the American firm. Presently, the affiliate claims the American firm is not providing sufficient evidence in discovery, however the affiliate’s latest requests are unreasonable questions, e.g. asking in what city a contract was signed, and it is not necessary for the firm to provide all this information.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 7, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: copyright, Discovery, contract
J. Stadtmueller partially grants motions in limine from the consulting firm and the data design company in a lawsuit featuring breach of contract and copyright infringement claims over a failed software licensing agreement. The company's motions in limine to bar the firm's counterclaims for breach of implied warranties and professional negligence and its lost revenue damages theory are granted, but the company's motion to bar the firm from arguing that the software the company provided failed to live up to their agreement's terms is denied. The firm's motion in limine to bar the company's quantum meruit theory of recovery seeking more than $600,000 is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 1, 2024, Case #: 2:22cv1245, NOS: Other Contract - Contract, Categories: copyright, contract
J. Tigar allows a few damages claims to continue against OpenAI and Microsoft from a class of coders who say the companies use AI tools and software, such as Copilot, that infringe on their coding. The damages claims have the standing needed to proceed in regards to some of the unnamed coders bringing the suit, but all of their state law claims for unjust enrichment and negligence are tossed for being preempted by the Copyright Act.
Court: USDC Northern District of California, Judge: Tigar, Filed On: January 22, 2024, Case #: 4:22cv6823, NOS: Other Contract - Contract, Categories: copyright, Class Action, contract
Per curiam, the circuit finds that the district court properly found for holders of a 60-year-old agreement that sold rights to lyrics for the Broadway musical "Funny Girl." The assignment from lyricist to producer was a royalties agreement and the Copyright Act contains no provisions to terminate such an agreement. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 18, 2024, Case #: 22-2971-cv, Categories: copyright, contract
J. Arnold finds a lower court properly dismissed a skin care company's copyright infringement claims against an organic health and beauty products seller. The skin care company argued that the health and beauty products seller infringed on its "secret weapon" serum. However, the health and beauty products seller presented sufficient evidence in court that she never advertised her goods and services as a "secret weapon." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: December 19, 2023, Case #: CA-2023-886, Categories: copyright, contract
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
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. Boasberg dismisses a research firm's claims against a group of attorneys and law firms in connection with $30,000 in research done into potential bias in the D.C. jury pool for the Proud Boys' trial that it was allegedly never paid. The firm fails to state a claim for copyright infringement, and the remaining claims are state law-based.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: September 19, 2023, Case #: 1:23cv523, NOS: Copyrights - Property Rights, Categories: copyright, Jurisdiction, contract
J. Talwani issues a mixed ruling in a lawsuit stemming from a writer's short story about a kidney donor who is not happy to receive a letter from her living donor. A kidney donor who shared a similar letter with the writer told publishers and journalists that the writer plagiarized her letter. The writer is entitled to a declaration that she owns the copyright to her short story. Although the story copied parts of the donor's letter, the story's version of the letter, in combination with the rest of the short story, makes transformative use of the letter for an entirely new purpose than the original letter served. However, the writer's defamation claim fails because it was not defamatory for the donor to assert that the writer had used her letter in the first versions of her story without attribution.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 14, 2023, Case #: 1:19cv10203, NOS: Copyrights - Property Rights, Categories: copyright, Defamation, Interference With contract
J. Thrash grants the franchising business's motion for summary judgment as to the technology company's claims for misappropriation of trade secrets and copyright infringement arising from the alleged theft of e-commerce software code. The company failed to show that the code embedded in the business's website was not readily ascertainable. The combination of the company's technical know-how, organizational capabilities and problem-solving approach are too vague and inclusive to be considered a trade secret. None of the elements identified by the company's computer science expert in a report analyzing the codes qualify for copyright protection. However, the motion is denied with regard to the company's claim for breach of contract.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 30, 2023, Case #: 1:21cv1971, NOS: Copyrights - Property Rights, Categories: copyright, Trade Secrets, contract
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. Land finds in favor of the company buyers as to the seller's counterclaims for breach of various contracts, breach of a consulting agreement as it relates to the seller's reimbursement requests and counterclaims alleging that a non-compete provision of a contract is unenforceable. However, the seller's cross-motion for summary judgment is granted as to the buyers' claims for breach of non-compete obligations and copyright infringement and his counterclaim for withholding of a warranty deposit.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 15, 2023, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: copyright, contract
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
J. Fallon denies a request by a professional wrestler and a Florida-based entertainment company to dismiss a costume maker’s contract and copyright claims related to the manufacture of its modified “Viper Silicon Mask” for the wrestler’s costume. The wrestler and organization never reached an agreement. However, they proceeded to manufacture and sell tens of thousands of merchandizing goods, including T-shirts, face masks and action figures, based on the costume maker’s modified mask. The company adequately alleges that its contract claim is not preempted by federal copyright law.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 17, 2023, Case #: 2:22-cv-05351, NOS: Copyrights - Property Rights, Categories: copyright, Partnerships, contract