207 results for 'nos:"Copyrights - Property Rights"'.
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Walker denies two veterinary companies’ motion to refer questions to the register of copyright who registered one of a software company’s products. The veterinary companies fail to be persuasive that referring their questions to the register would have any beneficial impact on the litigation.
Court: USDC Maine, Judge: Walker, Filed On: October 2, 2023, Case #: 2:21cv97, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Henry orders a group of technology companies to appear in court to show cause as to why they should not be held in contempt after a product manufacturer successfully alleged the companies violated a consent judgment by promoting its Cricut-brand crafting products on various websites, including Amazon and the Chinese equivalent, Alibaba, without its consent.
Court: USDC Eastern District of New York, Judge: Henry, Filed On: September 30, 2023, Case #: 1:19cv5380, NOS: Copyrights - Property Rights, Categories: Contempt, Technology
J. Battaglia finds in favor of the money lender and the private investor concerning a construction supervisor's claims that they unjustifiably recorded a notice of default against a housing project and then engaged in copyright infringement by using his designs without permission. The supervisor's complaint makes it clear that, with due diligence, he should have discovered the alleged infringement in 2010 at the earliest or in 2014 at the latest, but he failed to file his suit until 2018, well after the three-year statute of limitations had expired.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 26, 2023, Case #: 3:18cv1731, NOS: Copyrights - Property Rights, Categories: Construction, Copyright
J. Woods grants the documentary maker's motion to dismiss a photographer's copyright claims stemming from the brief appearance of his photographs displayed in the background of the film "Billie Eilish: The World's A Little Blurry." The photographs only appear incidentally as part of the film's larger purpose of documenting Eilish's career, including a world tour that took her to the New Zealand airport where the photos were on dispaly, and is a transformative use.
Court: USDC Southern District of New York, Judge: Woods, Filed On: September 26, 2023, Case #: 1:21cv8420, NOS: Copyrights - Property Rights, Categories: Copyright
J. Oetken grants the rapper Ginwuine's motion to dismiss copyright claims filed by the co-author of a soul single "Help Me Put Out The Flame (In My Heart)", alleging that the rapper used the introduction to his song in two songs "Paper Chase," and "Toe 2 Toe." The three-bar guitar riff is substantially similar to prior works in the public domain, and subtle rhythmic differences are not enough to merit copyright protection.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 25, 2023, Case #: 1:20cv3535, NOS: Copyrights - Property Rights, Categories: Copyright