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Sony Computer Entertainment America, Inc. v. American Home Assurance Company and American International Specialty Lines Insurance Company
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Sony Computer Entertainment America, Inc. appeals the district court’s summary judgment in favor of defendants American International Specialty Lines Insurance Company and American Home Assurance Company. Sony sued the sister insurance companies for failing to indemnify and defend it in a class action suit alleging product defects in a video game system known as the Sony PlayStation 2. The distr... More... $0 (07-15-2008 - CA)
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Carter Bryant v. Mattel, Inc.
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Carter Bryant claimed that the developed Bratz dolls during breaks in employment with Mattel but Mattel claimed that he developed the designs for the dolls while working for it and claimed that it was entitled to the money made by MGA from the sale of the dolls.
Mattel claimed that MGA and its Chief Executive Isaac Larian intentionally interfered with the contractual duties owed by Bryant... More... $1 (07-18-2008 - CA)
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Classic Media, Inc. v. Winfred Knight Newborn
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Winifred Knight Mewborn (“Mewborn”), daughter of Eric Knight, the author of the world-famous children’s story and novel, Lassie Come Home (collectively, the “Lassie Works”), appeals the district court’s grant of summary judgment in favor of Classic Media, Inc. (“Classic”) and denial of Mewborn’s partial summary judgment motion. Each party sought declaratory relief as to their res... More... $0 (07-13-2008 - CA)
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John S. Southern v. Gary K. Cunningham
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John Southern sued Gary Cunningham on a copyright violation theory claiming that Defendant wrongful used five photographs taken by Plaintiff on a website.
The defenses, if any, asserted by Defendant are not available.... More... $4750 (06-27-2008 - OK)
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Derek Andrew, Inc. v. Poof Apparel Corporation
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Poof Apparel Corporation ("Poof") appeals the district
court's award to Derek Andrew, Inc. ("Andrew") of $15,000
in statutory damages under the Copyright Act, along with
$296,090.50 in attorneys' fees.1 We have jurisdiction pursuant
to 28 U.S.C. § 1291, and for the following reasons,
REVERSE and REMAND.
BACKGROUND
A. THE PARTIES AND PROPERTY RIGHTS AT ISSUE
Andrew and ... More... $0 (06-11-2008 - WA)
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Bradley Richlin, et al. v. Metro-Goldwyn-Mayer Pictures, Inc., et al.
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Inspector Jacques Clouseau, famously unable to crack the simplest of
murder cases, would most certainly be confounded by the case we face. While
Inspector Clouseau searched for the answer to the question, "Who did it?", we
must search for the answer to the question, "Who owns it?" In 1962, Maurice
Richlin coauthored a story treatment (the "Treatment")1 involving the bumbling
inspector. Later ... More... $0 (06-20-2008 - CA)
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Slobodanka Blazevska v. Raytheon Aircraft Company
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Slobodanka Blazevska and her co-appellants are the family
members of eight Macedonian residents who died in a plane
accident in Bosnia on February 26, 2004. The decedents,
including the Macedonian president, were killed when their
Beechcraft Super King Air 200 crashed into a hilltop. The
plaintiffs brought a wrongful death action against Raytheon,
the manufacturer of the plane. The district ... More... $0 (04-12-2008 - CA)
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Raymond Manzarek v. St. Paul Fire & Marine Insurance Company
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We hold that the district court erred by dismissing Raymond
Manzarek's and Doors Touring, Inc.'s ("DTI")
amended complaint because the underlying complaints raised
at least the potential for coverage under the operative insurance
policies. We further hold that the district court abused its
discretion by not giving Manzarek and DTI an opportunity to
amend their complaint. We have jurisdiction... More... $0 (03-25-2008 - CA)
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BUC International Corporation v. International Yacht Council Limited
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MLS Solutions, Inc. and International Yacht Council Ltd. ("IYC") were
found by a jury to have violated the Copyright Act, 17 U.S.C. § 501, by infringing
upon the selection, order, and arrangement of information contained in BUC
International Corp.'s Used Boat Price Guide.1 The jury awarded BUC $1,598,278
in actual damages, and we affirmed that judgment. See BUC Int'l Corp. v. Int'l
Yacht Coun... More... $0 (02-25-2008 - FL)
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Jonathan Segal, etc. v. Geisha NYC, LLC, et al.
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This case concerns the national
expansion of Japonais, a popular Chicago restaurant
located in the River North restaurant district. Japonais
founder, Jonathan Segal, appeals from an order dismissing
his complaint against Geisha NYC LLC ("Geisha NYC"),
and others. Segal's sole federal claim - a derivative claim
he asserts on behalf of Geisha LLC ("Geisha Chicago") and
OSSS Hospitality LLC ("... More... $0 (02-27-2008 - IL)
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Karen Dudnikov and Michael Meadors v. Chalk & Vermilion fire Arts, Inc.
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Plaintiffs are eBay "power sellers." Through the Internet auction site, they
sell a variety of fabrics from their home in Colorado. This case concerns two of
plaintiffs' prints, both of which play on famous images by the artist Erté,
Symphony in Black and Ebony on White. While Erté's images depict elegant
women walking aquiline dogs, plaintiffs' prints portray Betty Boop next to her
aptly nam... More... $0 (02-05-2008 - CO)
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Richard Jones v. Todd Swanson
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Todd V. Swanson appeals the district court's1 order dismissing his motion to
vacate brought under Rule 60(b) of the Federal Rules of Civil Procedure. Swanson
also appeals the district court's orders denying motions to conduct post-judgment
discovery and to designate the real party in interest. We affirm.
I
Richard M. Jones sued Swanson under South Dakota's alienation of affecti... More... $0 (01-18-2008 - SD)
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Patroit Homes, Inc., et al. v. Forest River Housing, Inc. d/b/a Sterling Homes
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Two companies, Patriot Homes
and Forest River Housing, compete in the modular hous2
ing manufacturing industry. Patriot sued Forest River
Housing's subsidiary, Sterling Homes, and four former
Patriot employees (now Sterling employees) for copying
their home designs. Sterling appeals the district court's
preliminary injunction order which enjoined it from
misappropriating Patriot's copyri... More... $0 (01-17-2008 - IN)
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Bridgeport Music, Inc., et al. v. Rondor Music International, Inc. d/b/a Irving Music, Inc.
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Kendrick Jeru Davis is a songwriter and
performer who performs under the name "Jeru the Damaja," does business as "Perverted Alchemist
Music, Inc.," and records music under the label name "Knowsavage Records." In 1994, Jeru entered
an exclusive-services agreement with Rondor Music International, Inc. (d/b/a Irving Music, Inc.),
which gave Rondor co-ownership in Jeru's copyrights, as well as... More... $0 (01-16-2008 - TN)
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PAJ, Inc. d/b/a Prime Art & Jewel v. the Hanover Insurance Company
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In this case, we must decide whether an insured's failure to timely notify its insurer of a claim defeats coverage under the policy if the insurer was not prejudiced by the delay. We hold, as we did in Hernandez v. Gulf Group Lloyds, that an immaterial breach does not deprive the insurer of the benefit of the bargain and thus cannot relieve the insurer of the contractual coverage obligation. 87... More... $0 (01-11-2008 - TX)
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Leadsinger, Inc. v. BMG Music Publishing, et al.
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This case requires us to determine how the Copyright Act,
17 U.S.C. §§ 101-1332, applies to karaoke devices that enable
individuals to sing along to recordings of musical compositions,
which is a matter of first impression in this circuit. In
the district court, Plaintiff-Appellant Leadsinger, Inc., a
karaoke device manufacturer, filed a complaint for declaratory
judgment against music ... More... $0 (01-08-2008 - CA)
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Gabriel Fischbarg v. Suzanne Doucet, etc., et al.
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In this appeal, we are asked to determine whether
Supreme Court properly exercised personal jurisdiction over
defendants, an individual and corporation, both residents of
California, who retained a New York attorney to represent the
corporation in an action brought in an Oregon federal court.
Because we conclude that defendants' retention and subsequent
communications with plaintif... More... $0 (12-31-2007 - NY)
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Cambridge Literary Properties, Ltd. v. W. Goebel Porzellanfabrik, G.m.b.H. & Co., KG., et al.
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The district court entered summary judgment for defendants due to plaintiff's failure to meet the Copyright Act's three-year statute of limitations in this dispute over profits from the sale of Hummel figurines and images. Cambridge Literary Properties, Ltd. v. W. Goebel Porzellanfabrik G.m.b.H. & Co. Kg. (Cambridge II), 448 F. Supp. 2d 244 (D. Mass. 2006). We affirm.
The key fac... More... $0 (01-01-2008 - MA)
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Hebrew Academy of San Francisco, et al. v. Richard N. Goldman, et al.
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In this case, we address whether the statute of limitations bars a cause of
action for defamation that is based upon statements contained in a transcript of an
oral history that was published with only limited circulation. We held in Shively v.
Bozanich (2003) 31 Cal.4th 1230, 1237, that under the single-publication rule, the
statute of limitations on a cause of action for defamation base... More... $0 (12-26-2007 - CA)
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Perfect 10, Inc. v. Amazon.com, Inc., et al.
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In this appeal, we consider a copyright owner's efforts to
stop an Internet search engine from facilitating access to
infringing images. Perfect 10, Inc. sued Google Inc., for
infringing Perfect 10's copyrighted photographs of nude models,
among other claims. Perfect 10 brought a similar action
against Amazon.com and its subsidiary A9.com (collectively,
"Amazon.com"). The district co... More... $0 (12-09-2007 - CA)
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Bridgeport Music, Inc. v. WB Music Corp., et al.
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Plaintiff-appellant Bridgeport Music, Inc.
("Bridgeport") appeals the district court's grant of summary judgment in favor of defendant-appellee
Universal-MCA Music Publishing ("Universal") in this copyright infringement case alleging that
Universal interpolated the lyrics to the recording Pumpin' It Up in the recording Change Gone
Come. For the reasons set forth below, we affirm the distric... More... $0 (12-06-2007 - TN)
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Mobilisa v. John Doe 1 and The Suggestion Box, Inc.
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1 This appeal presents our first opportunity to consider the First Amendment rights of internet users to engage in anonymous speech. In doing so, we decide whether the superior court erred by granting a request by appellee Mobilisa, Inc. ("Mobilisa") to discover from appellant The Suggestion Box, Inc. ("TSB"), an Arizona email service provider, the identity of appellant John Doe 1 ("Doe"), a ... More... $0 (11-29-2007 - AZ)
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Bridgeport Music, Inc., Westbound Records, Inc., et al. v. WB Music Corpo., et al.
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Plaintiff-appellant Bridgeport Music, Inc.
("Bridgeport") appeals the district court's grant of summary judgment in favor of defendant-appellee
Universal-MCA Music Publishing ("Universal") in this copyright infringement case alleging that
Universal interpolated the lyrics to the recording Pumpin' It Up in the recording Change Gone
Come. For the reasons set forth below, we affirm the distric... More... $0 (11-26-2007 - TN)
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Bette L. Banks v. Mario Industries of Virginia, Inc.
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In these consolidated appeals from civil actions in which
a company alleged that certain former employees and agents
formed a competing business, we consider whether the trial
court erred by denying a motion to strike, submitting a breach
of fiduciary duty claim to the jury, submitting a verdict form
to the jury, instructing the jury, admitting a pre-resignation
memorandum into evidence... More... $0 (09-14-2007 - VA)
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Louis Vuitton Malletier, S.A. v. Haute Diggity Dog, LLC, et al.
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Louis Vuitton Malletier S.A., a French corporation located in Paris,
that manufactures luxury luggage, handbags, and accessories, commenced
this action against Haute Diggity Dog, LLC, a Nevada corporation
that manufactures and sells pet products nationally, alleging
trademark infringement under 15 U.S.C. § 1114(1)(a), trademark dilution
under 15 U.S.C. § 1125(c), copyright infringement und... More... $0 (11-15-2007 - VA)
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