26 results for 'cat:"Copyright" AND cat:"Discovery"'.
J. Brennan denies the graphic designer's motion to amend her complaint, ruling she not only failed to comply with the court's deadline for such a motion, but also fails to show good cause why the deadline should be extended, other than the candy company's alleged failure to timely provide discovery responses, which she could have addressed sooner and with motions to compel.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 22, 2024, Case #: 1:23cv2305, NOS: Copyrights - Property Rights, Categories: Civil Procedure, copyright, discovery
J. Foster grants the pornographer's motions to serve third-party subpoenas seeking information on various unknown internet users in 12 cases alleging that the users unlawfully downloaded and distributed its copyrighted movies. Expedited discovery is warranted because the requests are specific in that they seek only the users' names and addresses, the pornographer has stated an actionable claim, there are no other ways to obtain this information, the case cannot proceed without it, and appropriate guardrails can be, and hereby are, put in place to protect the users' privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: April 11, 2024, Case #: 0:24cv1060, NOS: Copyrights - Property Rights, Categories: copyright, Privacy, discovery
J. Horan grants, in part, a test prep company's motion for discovery in its case against a competitor for allegedly copying its materials and trade dress. The company has shown limited jurisdictional discovery related to the contacts between the competitor and another party is appropriate.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 21, 2024, Case #: 3:23cv447, NOS: Copyrights - Property Rights, Categories: copyright, Trademark, discovery
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J. Dever grants an adult film production company’s motion for leave to serve a third-party subpoena on an internet provider to access the identity of one of the provider’s subscribers. The company shows good cause to engage in early discovery, but given the nature of the content, the subscriber will be allowed to be heard before their identity is revealed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 18, 2024, Case #: 5:24cv111, NOS: Copyrights - Property Rights, Categories: copyright, discovery, Technology
[Consolidated.] J. Jordan grants an adult filmmaking company's motion to serve third-party subpoenas to internet providers in its copyright cases against a number of individuals who allegedly downloaded its films and redistributed them without permission. The information it seeks - the identity of the individuals based on their IP addresses - is pertinent to its cases.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 11, 2024, Case #: 4:22cv459, NOS: Copyrights - Property Rights, Categories: copyright, discovery
J. Robart grants the widower's motion for sanctions in his complaint alleging 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. The radio program host did not answer the widower's discovery requests for 11 months, and their counsel only said that the radio program host simply missed the electronic service, which is not an adequate response.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 26, 2024, Case #: 3:22cv5238, NOS: Copyrights - Property Rights, Categories: copyright, Sanctions, discovery
J. Price partially grants the media conglomerate's motion to compel discovery and award sanctions against the online retailers. A discovery deadline is extended, since the individual defendants are currently out of the country on a vacation and have yet to sit for depositions. Any such depositions conducted in this extended period, however, will be unavailable for summary judgment purposes. A request for sanctions is denied. Various objections raised by the defendants to the discovery requests are overruled.
Court: USDC Middle District of Florida, Judge: Price, Filed On: February 14, 2024, Case #: 6:22cv2417, NOS: Copyrights - Property Rights, Categories: copyright, discovery
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. 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
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. 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. 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. Merriam finds that the district court improperly found for rapper Fat Joe and music producers and publishers in a copyright dispute over the hit single "All the Way Up." The song's purported co-creator, who contends he had not received proper credit or compensation, should have been allowed to conduct discovery prior to the entry of summary judgment since questions of material fact remained unresolved, especially concerning the existence of a document that relinquished his rights to the song.
Court: 2nd Circuit, Judge: Merriam, Filed On: October 17, 2023, Case #: 22-255, Categories: copyright, discovery
J. Foster grants the pornographer's 12 motions for leave to serve third-party subpoenas in parallel cases against unknown alleged unauthorized distributors of the pornographer's copyrighted movies. Expedited discovery is warranted since the pornographer has stated an actionable copyright-infringement claim, the requests are specific in seeking only names and addresses, there are no alternatives to the pornographer's proposed course of action of seeking information on the alleged distributors by way of their internet service providers, the cases cannot proceed without that information, and the pornographer's right to pursue the copyright claims outweighs the alleged distributors' expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: July 31, 2023, Case #: 0:23cv1891, NOS: Copyrights - Property Rights, Categories: copyright, discovery
[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
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