282 results for 'cat:"Copyright"'.
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. 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. Navarro grants Ancestry.com's motion to dismiss for lack of jurisdiction a suit filed by Nevada citizens who claim it used their names, images and identities without consent. The citizens’ allegations allow inference the company markets widely, sending email promotions and advertising subscription services without regard to location. The citizens’ injury, that their personal information is impermissibly being used to sell subscriptions, would “follow [them] wherever [they] might... live or travel,” and is not enough to demonstrate the company's actions were aimed at Nevada.
Court: USDC Nevada, Judge: Navarro , Filed On: January 17, 2024, Case #: 2:20cv2292, NOS: Other Personal Injury - Torts - Personal Injury, Categories: copyright, Tort, Technology
[Consolidated.] J. Brennan finds that the lower court properly found for the defendant financial services company in a copyright action filed by a client who found out the company was using substantially similar documents for another client's bond offering. The client did not independently draft much of the text in the documents, and the new text it drafted consists entirely of uncopyrightable material. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: January 12, 2024, Case #: 23-1527, Categories: copyright, Banking / Lending
J. Wallace finds that the district court improperly dismissed companies' putative class action asserting California state-law claims arising from Google’s placement of search results on copies of their websites. The companies challenged the way Google displayed websites in Search App on Android phones, claiming that by displaying frame and half-page digests, Google occupied valuable space on the websites of class members that Google should have paid. The state-law claim is preempted by federal copyright law and the matter is remanded to the lower court with instruction to dismiss. Reversed.
Court: 9th Circuit, Judge: Wallace, Filed On: January 11, 2024, Case #: 22-15899, Categories: Communications, copyright
J. Freeman denies in large part a summary judgment motion against Zazzle, an online marketplace, regarding copyright claims from a creator of fonts of who says the website has been using her fonts without permission. While the creator prevails on a minor claim as to whether the marketplace consented to a series of website service terms for the fonts, the bulk of her summary judgment is denied due to lingering questions and conflicting expert testimony over whether her fonts are valid copyrights.
Court: USDC Northern District of California, Judge: Freeman, Filed On: January 9, 2024, Case #: 5:22cv4844, NOS: Other Fraud - Torts - Personal Property, Categories: copyright
J. Maldonado grants hip-hop artist French Montana’s motion for summary judgment on copyright claims brought by the suing hip-hop artist, Hotwire the Producer. Hotwire accused French Montana of ripping off his copyrighted song “Hood* Pushin’ Weight” to make the hit single “Ain’t Worried About Nothin,” which has more than 100 million hits on Montana’s official YouTube channel alone. After several years of legal fights, the court has found there’s some similarity in the underlying sounds and melodies of the two songs, but that those similarities are insufficient to create a triable issue of fact on Hotwire’s copyright infringement claims.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: January 4, 2024, Case #: 1:19cv2321, NOS: Copyrights - Property Rights, Categories: copyright
J. Immergut partially grants the software company's motion for a preliminary injunction in its lawsuit asserting that the domain holders sold unauthorized licenses for the software company's hosting automation management software online. An asset freeze is issued against the domain holders for all assets related to infringing domains because they took multiple steps to hide their identities and avoid the software company's scrutiny. However, the software company's motion to freeze all assets is not justifiable as it is indiscriminate and lacks knowledge.
Court: USDC Oregon, Judge: Immergut, Filed On: January 3, 2024, Case #: 3:22cv1963, NOS: Copyrights - Property Rights, Categories: copyright, Injunction
J. Rochon partially grants the Amazon sellers' motion to dismiss copyright claims stemming from their sale of products that infringe on the company's patented design for an outdoor hanging exercise product. Several sellers did not literally infringe on the company's patent and were wrongfully enjoined from selling their competing product on Amazon and are entitled to recover a combined $18,000 in lost profits.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: January 2, 2024, Case #: 1:23cv2605, NOS: Patent - Property Rights, Categories: copyright
J. Swain grants the defendant man's motion to dismiss copyright claims stemming from his registration of a screenplay called "Wonderland: The Equality State" about the work of brothel madams supporting women's suffrage rights in Wyoming. The plaintiff writers have no sufficiently alleged that they are the sole authors of the script, as they acknowledge defendant made contributions to the work.
Court: USDC Southern District of New York, Judge: Swain, Filed On: January 2, 2024, Case #: 1:21cv8528, NOS: Copyrights - Property Rights, Categories: copyright
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. 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