207 results for 'nos:"Copyrights - Property Rights"'.
J. enters default judgment against a supplier of promotional items on claims that it infringed the photography licenser's copyrighted photograph without its consent. The court orders the supplier to pay $23,976 in statutory damages and issues an injunctive prohibiting the supplier from further infringing on the licenser's copyrighted works.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: June 28, 2023, Case #: 1:22cv1270, NOS: Copyrights - Property Rights, Categories: Copyright
J. Chun grants default judgement to the Texas corporation for its claim that the Chinese corporation unlawfully copied 19 of the former's original photographs and used them to market its products on Amazon. A reasonable consumer would likely confuse the Chinese corporation's copies with the Texas corporation's products because the images and titles that the Chinese corporation used in its Amazon listings are identical to the Texas corporation's photographs and marks. The Texas corporation is entitled to an injunction and $47,900 in costs.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 27, 2023, Case #: 2:22cv1413, NOS: Copyrights - Property Rights, Categories: Copyright, Damages, Injunction
J. Lawrence enters default judgment against a meat supplier on a professional food industry photography company's copyright claims, finding the supplier willfully displayed the copyrighted photograph on its website without purchasing a yearly subscription to the company's service. The court awards the company $23,970 in statutory damages, plus $2,071 in attorney fees and $512 in costs. The court further issues a permanent injunction prohibiting the supplier from infringing on the company's copyrighted works.
Court: USDC Northern District of New York, Judge: Lawrence, Filed On: June 27, 2023, Case #: 1:22cv704, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
[Consolidated.] J. Grimberg grants the adult film library owner's motions to serve subpoenas on the individuals in a copyright infringement action alleging that the individuals copied and reproduced dozens of the films. The owner sufficiently identified the individuals by their IP addresses and has sufficiently alleged that the individuals infringed on protected elements of its copyrighted works. The early discovery requested by the owner will likely uncover the individuals' identities.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: June 26, 2023, Case #: 1:23cv2098, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
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J. Foster grants the pornographer's motions to serve third-party subpoenas on internet service providers to obtain identifying information for 17 unknown persons alleged to have unlawfully distributed its films. The pornographer has sufficiently stated an actionable copyright-infringement claim in each case, its discovery requests are sufficiently specific, it has adequately shown that there are no alternative ways to obtain the requested information and that the cases cannot proceed without it, and that, with protective orders keeping the identities of the people identified from the public, the pornographer's right to pursue its claims outweigh their expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: June 20, 2023, Case #: 0:23cv1571, NOS: Copyrights - Property Rights, Categories: Copyright, Privacy, Discovery
J. Lioi grants the GPS software company's motion to dismiss, ruling the copyright owner of the training materials failed to establish jurisdiction because none of the allegations about copyright infringement involve the software company's activities in the state of Ohio. While the company conducts some business within the jurisdiction of this court, the lawsuit claims one of its employees stole training materials from a previous employer neither located in nor conducting business in Ohio.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 16, 2023, Case #: 5:22cv311, NOS: Copyrights - Property Rights, Categories: Copyright, Jurisdiction
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. Failla denies the defendant television developer's motion to dismiss a copyright action stemming from its production of a police reality show called "On Patrol: Live," which the plaintiff developer claims is virtually identical to a show the parties collaborated on together called "Live PD" which was taken off the air after the death of George Floyd. The complaint plausibly alleges the two shows serve the same purpose, and there is unquestionably probable consumer confusion as shown by tweets showing viewer excitement that Live PD is back on the air.
Court: USDC Southern District of New York, Judge: Failla, Filed On: June 16, 2023, Case #: 1:22cv7411, NOS: Copyrights - Property Rights, Categories: Communications, Copyright
J. Breyer grants Dish Network's request for summary judgment in its dispute with a set-top box company over copyright claims that the company was providing channels that are exclusive to Dish. The company knew about its infringement but continued to make money off it anyway, so Dish prevails on all of its claims. Additional briefing is needed to determine whether Dish is entitled to statutory damages and, if so, how these calculations should be made.
Court: USDC Northern District of California, Judge: Breyer, Filed On: June 13, 2023, Case #: 3:20cv1891, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 29 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv11180, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Kennelly grants summary judgment to the Swedish video game studio that released “Granny” and its two sequels on copyright claims brought by a U.S. film studio, which made the 1999 horror film “Granny.” Despite the film studio’s assertion otherwise, the court finds it has not sufficiently established that the game includes elements that are substantially similar to the film or its monster designs.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 12, 2023, Case #: 1:22cv2088, NOS: Copyrights - Property Rights, Categories: Copyright
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 36 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv10942, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Reidinger grants, in part, a company's request for the review of a former business partner's application for copyright registration of anti-phishing software in a dispute over ownership of portions of the software's code. Although the case will not be stayed, the company has sufficiently supported its claims regarding inaccuracies in the year of completion and publication date.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: June 12, 2023, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright
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. Briccetti partially denies the defendant software company's motion to dismiss IBM's copyright suit claiming that it reverse engineered IBM's software to create derivative software applications. IBM sufficiently alleges that it holds valid copyrights for nine versions of the CICS TS computer program, that defendant had access to this software as a developer, and points to similarities in the structure of defendant's software products.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: June 8, 2023, Case #: 7:22cv9910, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Frimpong grants in part an apparel company's motion to dismiss a lace designer's copyright infringement claims. The lace designer has not shown that the apparel company had access to its lace design or that the subject design and the infringing product are strikingly similar. The designer is granted leave to amend as it may be able to plead additional facts to address deficiencies.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 7, 2023, Case #: 2:22cv4425, NOS: Copyrights - Property Rights, Categories: Copyright
J. You grants the business entity's counsel $15,000 in attorney fees in relation to the author's dismissed claim that the owners of the business took ideas from the author's book "Why God Doesn't Exist," and used them for their website, YouTube videos and podcasts. The author's copyright claims were "objectively unreasonable, if not frivolous" and the counsel for the owners, at a reasonable rate and reasonable hours, won so successfully that the author's claims were dismissed with prejudice.
Court: USDC Oregon, Judge: You, Filed On: May 31, 2023, Case #: 3:22cv380, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees
J. Gallagher denies a brother’s motion for sanctions against his sister in this copyright and slander dispute around the commercialization and franchising of a hormone therapy company, “Infinity Health,” which uses methodologies the sister developed. Imposing sanctions could hamper the discovery of potential communications that would link the brother to an online post harassing the sister, accusing her of having sexual relations with a man at one of the company’s locations.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: May 19, 2023, Case #: 5:21cv2787, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, Defamation
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
J. Linares declines to compel a company to produce materials in claims contending study solutions, which has been implicated in cheating scandals, undermines educational textbooks because the educational company's arguments are based on a hypothetical witness, and evidence does not indicate that the company plans to defend against infringement claims by claiming its products are great academic tools.
Court: USDC New Jersey, Judge: Linares , Filed On: May 16, 2023, Case #: 2:21cv16866, NOS: Copyrights - Property Rights, Categories: Copyright