282 results for 'cat:"Copyright"'.
J. Wolford finds for a professional photographer in claims contending a media company used his copyrighted photo of New York State officials without permission because the photographer submitted the copyright registration, and the image on the company's website is identical to the registered photo. Meanwhile, the company failed to respond to the complaint.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 15, 2023, Case #: 6:23cv6094, NOS: Copyrights - Property Rights, Categories: copyright
J. Robart grants the widower's motion for case-dispositive sanctions against pro se defendant Louis Clyde Holder, which relates to his complaint that the advertising agency and the radio program host used the copyrighted works of the widower's deceased wife, who was an author and media personality, without permission. Holder violated the court's discovery orders issued on three separate occasions by not responding to them and by not appearing for a hearing. The widower may file a motion for attorney fees incurred in bringing his sanctions motion and entry of default by no later than Jan. 5, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 13, 2023, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: copyright, Sanctions, Discovery
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J. Wilson finds in favor of Lions Gate against the screenwriter's complaint accusing it of creating and airing a television show called "P-Valley" that infringed on the screenwriter's copyright for her musical stage play, "Soul Kittens Cabaret," as both works are about Black dancers working in a cabaret club. The idea for the play is not unique enough to make it a protected idea and there are no other substantial similarities between the two pieces of work.
Court: USDC Central District of California, Judge: Wilson, Filed On: December 7, 2023, Case #: 2:23cv2147, NOS: Copyrights - Property Rights, Categories: copyright
J. Wu finds that the manufacturer demonstrates fair use of the automation company's copyrighted material, as the automation company originally disputed in its complaint that the manufacturer's products infringe on the automation company's M9-Series digital test instruments. The manufacturer's use of the copyright is transformative enough when compared to the original trademarked product, and the automation company does not make it clear what dispute is at issue regarding the code.
Court: USDC Central District of California, Judge: Wu, Filed On: December 6, 2023, Case #: 2:20cv2713, NOS: Trademark - Property Rights, Categories: copyright, Trademark
J. Fischer finds the trial court properly denied the medical marijuana dispensary's motion for a preliminary injunction in this trademark infringement action. The medical marijuana processor, which sells pre-rolled joints to dispensaries, markets products under a different spelling of the same copyrighted name as a product marketed by the dispensary. The companies had been selling their products in the same market for more than a year before the suit was filed and there is no need for a preliminary injunction to preserve the status quo until there is a final determination made. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: December 6, 2023, Case #: 119859, Categories: copyright, Injunction
J. Foster grants the pornographer's motions to serve third-party subpoenas to internet service providers in its effort to identify several unidentified internet users who it alleges violated its copyrights. Expedited discovery is warranted in this case since the pornographer has stated an actionable claim, its requests are specific, there are no other ways to obtain required information for the case to proceed, and it has established appropriate privacy guardrails. In deference to the privacy interests of the internet subscribers to be identified, the court sets out a process for serving the subpoenas and for the subscribers to proceed in litigation anonymously.
Court: USDC Minnesota, Judge: Foster, Filed On: December 6, 2023, Case #: 0:23cv2203, NOS: Copyrights - Property Rights, Categories: copyright, Discovery
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
J. Boyle grants a die cutting machine distributor's motion to dismiss a manufacturer's allegations of misappropriation of trade secrets and copyright infringement. The manufacturer claims that several of its employees left it for a new direct competitor and took trade secrets with them, with which the distributor helped them in order to expand its own customer base. However, the manufacturer fails to report specific information that was misappropriated and shows no plausible evidence that the distributor aided the former employees.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: November 15, 2023, Case #: 5:23cv134, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: copyright, Trade Secrets, Unfair Competition
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. 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. Paez finds that the district court improperly dismissed a Copyright Act action concerning infringement of a choreographic work. Choreographer Kyle Hanagami claimed that Epic Games, the creator of the videogame Fortnite, infringed the copyright of a choreographic work when the company created and sold a virtual animation, known as an “emote,” depicting portions of the registered choreography. Hanagami plausibly alleged that his choreography and Epic’s emote shared substantial similarities. Reversed.
Court: 9th Circuit, Judge: Paez, Filed On: November 1, 2023, Case #: 22-55890, Categories: copyright
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. Orrick dismisses the bulk of class copyright claims against the makers of the AI software Stable Diffusion from a class of artists who say the company trained the AI on their works without permission. The artists' claims are "defective in numerous respects" and too conclusionary to survive, offering up no concrete facts on how their works were used to create AI-generated fakes. A single direct infringement claim by one of the artists is allowed to proceed, while the rest are dismissed with leave to amend.
Court: USDC Northern District of California, Judge: Orrick, Filed On: October 30, 2023, Case #: 3:23cv201, NOS: Other Contract - Contract, Categories: copyright, Class Action
J. Herndon finds the district court properly dismissed this civil racketeering and tort action, denying the alleged inventor of the intellectual property’s motion to amend. After the inventor filed bankruptcy when his gaming business failed, partners opened another business using the disputed property. The statute of limitations had expired on the inventor’s claims, and any amendment would have therefore been futile. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: October 26, 2023, Case #: 84720, Categories: copyright, Property, Tort
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