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Copyright Law
Leica Microsystems Inc v. Hernandez et al

In this removed action, plaintiff-counterdefendant’s motion to remand presents the
question whether the court has federal question jurisdiction despite the assertion of only
state-law claims in plaintiff-counterdefendant’s state court petition. Concluding that the
court does not have federal question jurisdiction, it grants the motion to remand and awards
plaintiff-counterdefenda... More...
   $0 (11-24-2015 - TX)

United States of America v. Rocky P. Ouprasith

Norfolk, VA - Operator of Second-Largest Music Piracy Website in the U.S. Sentenced to 3 Years for Criminal Copyright Infringement

Rocky P. Ouprasith, 23, of Charlotte, North Carolina, was sentenced today to 36 months in prison for reproducing and distributing without permission millions of infringing digital copies of copyrighted works, including copies of popular songs and albums befor... More...
   $0 (11-18-2015 - VA)

Duffey v. Twentieth Century Fox Film Corp.

Duffey alleges the following background facts in the operative complaint. The court
accepts these facts as true for the purposes of this motion. Michael Coppel Promotions Pty. Ltd.
v. Michael Bolton, 982 F. Supp. 950, 953 (S.D.N.Y. 1997). This summary of the facts also
references two contracts and the Box of Flair itself, all of which are integral to the operative complaint.1 <... More...
   $0 (11-15-2015 - NY)

USF&G v. Ashley Reed

On July 12,2011, Plaintiff United States Fidelity and Guaranty Company ("USF&G")
filed a complaint against Defendants Ashley Reed Inc. ("Ashley Reed"), Scott Ressler, James
Ressler (collectively, the "Ashley Reed Defendants"), Fendi Adele, S.r.l., Fendi S.r.l, and Fendi
North America, Inc. (collectively, "Fendi"), seeking a declaratory judgment that three liability
insurance po... More...
   $0 (11-15-2015 - NY)

Hanover 3201 Realty LLC v. Village Supermarkets

Hanover 3201 Realty, LLC (“Hanover Realty”) signed a contract with Wegmans to develop a supermarket on its property in Hanover, New Jersey. The agreement required Hanover Realty to secure all necessary governmental permits and approvals prior to breaking ground. Village Supermarkets, Inc. (“ShopRite”) owns the local ShopRite. Once ShopRite and its subsidiary Hanover and Horsehill Development L... More...   $0 (11-13-2015 - NJ)

Authors Guild v. Google, Inc.

This copyright dispute tests the boundaries of fair use. Plaintiffs, who are authors of
28 published books under copyright, sued Google, Inc. (“Google”) for copyright infringement in the
29 United States District Court for the Southern District of New York (Chin, J.). They appeal from
30 the grant of summary judgment in Google’s favor. Through its Library Project and its Google
31 ... More...
   $0 (11-08-2015 - NY)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary,
Revolution. Tidel‟s majority stockholder, however, had high expectations for
Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later
offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were
separated into two indep... More...
   $0 (11-01-2015 - DE)

Authors Guild v. Google, Inc.

This copyright dispute tests the boundaries of fair use. Plaintiffs, who are authors of 27
published books under copyright, sued Google, Inc. (“Google”) for copyright infringement in the 28
United States District Court for the Southern District of New York (Chin, J.). They appeal from 29
the grant of summary judgment in Google’s favor. Through its Library Project and its Google 30 <... More...
   $0 (10-19-2015 - NY)

Sprengel v. Zbylut

In 2008, Jean Sprengel, a licensed anesthesiologist, wrote and published a guidebook for treating the side effects of chemotherapy. In March of 2008, Lanette Mohr and Sprengel agreed to form a business to market the guidebook. They retained Kenneth Stream to assist them in forming “Purposeful Press,” a limited liability corporation that would develop and distribute Sprengel’s work. Stream prepa... More...   $0 (10-14-2015 - CA)

Bikram's Yoga College of India, LP v. Evolation Yoga, LLC

Court decides whether a sequence of twenty-six yoga poses and two breathing exercises developed by Bikram Choudhury and described in his 1979 book, Bikram’s Beginning Yoga Class, is entitled to copyright protection.

We must decide whether a sequence of twenty-six yoga poses and two breathing exercises developed by Bikram Choudhury and described in his 1979 book, Bikram’s Beginning Yoga Cl... More...
   $0 (10-12-2015 - CA)

Lucent Technologies v. State Bd. Equalization

The telephone and data network in the United States is both terrestrial (land-based) and wireless, and is seamlessly interconnected through equipment called switches that are housed in so-called central offices scattered around the country. A single switch is comprised of “numerous computer processors, frames (sometimes called cabinets), shelves, drawers, circuit packs, cables, trunks and many ot... More...   $0 (10-09-2015 - CA)

Gloria Coots Baldwin v. EMI Feist Catalog, Inc.

19 This appeal involves a dispute over the copyright in the musical
20 composition “Santa Claus is Comin’ to Town” (the “Song”), a classic Christmas
21 song written by J. Fred Coots and Haven Gillespie in the 1930s. In 1976,
22 Congress enacted a complex statutory regime that—as we explain later in this
23 opinion—gave authors and their statutory heirs the right to terminate previo... More...
   $0 (10-08-2015 - NY)

DC Comics v. MARK TOWLE, an individual, DBA Garage Gotham

Copyright / Trademark
The panel affirmed the district court’s summary judgment in a copyright and trademark infringement action brought by
DC Comics against a maker of Batmobile replicas. The panel held that the Batmobile, as it appeared in the
Batman comic books, television series, and motion picture, was entitled to copyright protection because this automotive
char... More...
   $0 (10-08-2015 - CA)

Edward C. O'Bannon, Jr. v. National Collegiate Athletic Association, aka, The NCAA

Section 1 of the Sherman Antitrust Act of 1890, 15 U.S.C.
§ 1, prohibits “[e]very contract, combination . . . , or
conspiracy, in restraint of trade or commerce.” For more than
a century, the National Collegiate Athletic Association
(NCAA) has prescribed rules governing the eligibility of
athletes at its more than 1,000 member colleges and
universities. Those rules prohibit... More...
   $0 (10-03-2015 - CA)

American Tradition Inst. v. Rector and Visitors

In this appeal, we consider whether the Circuit Court of Prince William County ("trial court") erred by denying a request for disclosure of certain documents under the Virginia Freedom of Information Act ("VFOIA"), Code § 2.2-3700 et seq., and whether a public body may impose charges for the cost of reviewing documents under the statutory exclusion.

Dr. Michael Mann ("Professor Mann") i... More...
   $0 (09-20-2015 - VA)

Stephanie Lenz v. Universal Music Corp.

Stephanie Lenz filed suit under 17 U.S.C. § 512(f)—part
of the Digital Millennium Copyright Act (“DMCA”)—
against Universal Music Corp., Universal Music Publishing,
Inc., and Universal Music Publishing Group (collectively
“Universal”). She alleges Universal misrepresented in a
takedown notification that her 29-second home video (the
“video”) constituted an infringing use of... More...
   $0 (09-14-2015 - CA)

WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.

The parties below agreed on all but one of the relevant facts of Aereo’s system, namely13
whether Aereo’s antennas operate independently or as a unit. The district court resolved that14
issue, finding that Aereo’s antennas operate independently. The Plaintiffs do not appeal that15
factual finding. Thus the following facts are undisputed. 16
I. Aereo’s System17
Aereo transmits t... More...
   $0 (09-05-2015 - NY)

Gallegos v. Frezza

} After undergoing bariatric surgery, New Mexico residents Nellie Gonzales and
15 Fernando Gallegos (collectively, Plaintiffs) sued Dr. Eldo Frezza for medical
16 malpractice and Presbyterian Health Plan (Presbyterian) for breach of contract and
17 negligent referral. Both surgeries took place in Lubbock, Texas at the Texas Tech
18 University Health Sciences Center (the Center). ... More...
   $0 (08-25-2015 - NM)

United States of America v. Andrew Lee Siegel

Dallas, TX - Dallas Lawyer Sentenced to Serve 12 Months and One Day in Federal Prison

Defendant Pleaded Guilty to Mail Fraud and Criminal Copyright Infringement Related to Investor Fraud Case Involving Vodka Brands and Dynasty Spirits, Inc.

A Dallas attorney who pleaded guilty to federal felony offenses involving copyright infringement and investor fraud was sentenced this mornin... More...
   $0 (08-19-2015 - TX)

American Freedom Defense v. King County

Defendant King County’s public transit agency, Metro,
operates an extensive public transportation system in the
greater Seattle metropolitan area, with the primary purpose of
providing safe and reliable public transportation. Like many
transit agencies, Metro finances its operations in part by
selling advertising space, including on the exteriors of its
buses. Advertisement... More...
   $0 (08-12-2015 - WA)

Canisius v. Morgenstern

Peter Canisius, Jr. (Peter), the former
husband of Erin Joy Morgenstern (Erin), appeals from a judgment
of divorce of the Probate and Family Court. He argues that the
judge erred in treating Erin's vested contractual rights to
future payments resulting from the best-selling novel, The Night
1 Chief Justice Rapoza participated in the deliberation on th... More...
   $0 (08-09-2015 - MA)

Shell v. Henderson

Ms. Suzanne Shell sued Mr. Leonard Henderson and Ms. Brenda
Swallow for copyright infringement, unfair trade practices,
misappropriation of trade secrets, and breach of contract. Neither Mr.
Henderson nor Ms. Swallow appeared on the date set for trial. Thus, the
district court declined to proceed with the trial. Instead, the court
conducted a hearing under Fed. R. Civ. P. ... More...
   $0 (08-08-2015 - CO)

Sheldon Stephens v. Kevin Clash

Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.
Because the District Court dismiss... More...
   $0 (08-05-2015 - PA)

Toby Paul Couchman and Pro-Surv v. Elizabeth Cardona

Appellee, Elizabeth Cardona, filed suit against appellants, Toby Paul Couchman and Pro-Surv, for damages based on an allegedly incorrect land survey. Couchman and Pro-Surv filed a motion to dismiss based on Cardona’s failure to file a certificate of merit with her petition. Cardona nonsuited her claims against
Couchman and Pro-Surv and later filed the underlying suit based on the same un... More...
   $0 (07-23-2015 - TX)

Ross W. Greene v. The Center for Collaborative Problem Solving, Inc.

Dr. Ross W. Greene ("Greene")
developed a method of treating children with explosive behaviors
known as the Collaborative Problem Solving ("CPS") Approach.
Greene advanced this method through his work at the Massachusetts
General Hospital ("MGH") Department of Psychiatry, his unaffiliated
private practice, and workshops and publications, including a book
he wrote himself ca... More...
   $0 (07-16-2015 - MA)

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