Klein-Becker USA and Klein-Becker IP Holdings (collectively “Klein-Becker�)
sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright
infringement, false advertising, and unfair competition under the Lanham Act; false
advertising under the Utah Truth in Advertising Act; unfair competition under the Utah
Unfair Practices Act; fraud; civil conspiracy; and i... More...   $0 (03-27-2013 - UT)

The “exclusive rightsâ€� that a copyright owner has “to distribute copies. . . of [a] copyrighted work,â€� 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first saleâ€� doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori... More...   $0 (03-19-2013 - NY)

This is a copyright infringement suit over a seven-second clip of Ed Sullivan’s introduction of the Four Seasons on The Ed Sullivan Show. Appellees Dodger Productions, Inc. and Dodger Theatricals, Ltd. (collectively “Dodger�) used the clip in their musical about the Four Seasons, Jersey Boys, to mark a historical point in the band’s career.

Appellant SOFA Entertainment, Inc. (“SOF... More...   $0 (03-11-2013 - CA)

Navico, Inc. sued Garmin International, Inc., Aaron Coleman, Jason Detring, Jeffrey Hanoch, John Matson, Kevin Brown and Lance Lybarger claiming:

1. Navico is a Delaware corporation with its principal place of business in Tulsa County.

2. Defendant Garmin International, Inc. (“Garmin�) is a Kansas corporation with its principal place of business in Olathe, Kansas.

3.... More...   $1 (02-15-2013 - OK)

The last time Mattel and MGA were here, we predicted that “the entire case will probably need to be retried.� Mattel, Inc. v. MGA Entm’t, Inc., 616 F.3d 904, 918 (9th Cir. 2010). On remand, the district court agreed and ordered a new trial.

The jury rejected Mattel’s claim that MGA infringed Mattel’s copyrights by producing Bratz dolls. While Mattel doesn’t challenge that result... More...   $0 (01-24-2013 - CA)

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.â€� It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad termsâ€� from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering ... More...   $0 (01-18-2013 - IA)

Defendant-appellant Building #19, Inc. appeals from the entry of a preliminary injunction restricting its use of the word "Swarovski" in newspaper advertising to a certain font size. The case is ongoing in the district court, with requests for permanent injunctive relief pending. The dispute began when Building #19 obtained a number of Swarovski crystal figurines that it hoped to resell, and in o... More...   $0 (01-10-2013 - RI)

On a sunny April day in 2007, freelancer Donald Harney snapped a photograph ("the Photo") of a blond girl in a pink coat riding piggyback on her father's shoulders as they emerged from a Palm Sunday service in the Beacon Hill section of Boston. Just over a year later, the pair in the Photo became a national media sensation. The father, soon-to-be revealed as a German citizen who had assumed the n... More...   $0 (01-07-2013 - MA)

Title 17 United States Code section 204(a) (section 204) of the Copyright Act provides: “A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner‟s duly authorized agent.â€� We affirm the entry of summary judgment against... More...   $0 (11-07-2012 - CA)

Steven Gerhardson, Ron Hanek, Mike Johnson, and Jim Costello (collectively, drivers) were unionized delivery drivers covered by a collective bargaining agreement (CBA). The CBA established a pension plan operated by a third-party pension management firm. A dispute arose in 2006 after the drivers’ employer and union renegotiated the CBA. The drivers sued their employer, the union, and the pension... More...   $0 (11-06-2012 - MN)

The Lee's Summit R-7 School District ("the School District") issued 180-day suspensions to twin brothers Steven and Sean Wilson (together, "the Wilsons") on January 11, 2012 for disruption caused by a website the Wilsons created. The Wilsons filed suit against the School District on March 6, 2012, alleging, along with other claims, that the School District violated their rights to free speech. The... More...   $0 (10-17-2012 - MO)

Portfolio Recovery Associates, LLC (PRA) appeals the September 14, 2011 district court order granting Jesse Meyer’s motion for a preliminary injunction and provisional class certification. Meyer’s complaint alleged that PRA’s debt collection efforts violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. The district court’s preliminary injunction restrained PRA from using... More...   $0 (10-12-2012 - CA)

Defendants, Rysher Entertainment, LLC, 2929 Entertainment, LP, and Qualia Capital, LLC, appeal from a judgment entered in favor of plaintiff, Don Johnson Productions, Inc. On December 7, 1994, plaintiff and Rysher Entertainment, LLC entered into a contract for the services of an actor, Don Johnson. Entitled the ―Term Agreement‖ (the contract), it provided for production of the ―Nash Bridgesâ... More...   $0 (10-01-2012 - CA)

Alvertis Isbell, aka Al Bell, sued DM Records on a copyright infringement theory claiming that Defendant wrongfully used the song "Whoomp! (There it is) and "Dazzey Duks" on the airways and at sporting arenas nearly two decades ago.

Defendant claimed that it bought the rights to the tunes at a bankruptcy sale in 1999.

Judge Schell ruled as a matter of law that DM Records did not ow... More...   $2135000 (09-15-2012 - TX)

This appeal arises from a dispute between several recording companies and Jammie Thomas-Rasset. There is a complicated procedural history involving three jury trials, but for purposes of appeal, it is undisputed that Thomas-Rasset willfully infringed copyrights of twenty-four sound recordings by engaging in file-sharing on the Internet. After a first jury found Thomas-Rasset liable and awarded dam... More...   $0 (09-11-2012 - MN)

The question presented is whether a single color may serve as a legally protected trademark in the fashion industry and, in particular, as the mark for a particular style of high fashion women’s footwear. Christian Louboutin, a designer of high-fashion women’s footwear and accessories, has since 1992 painted the “outsolesâ€� of his women’s high-heeled shoes with a high-gloss red lacquer. I... More...   $0 (09-05-2012 - NY)

In this case, plaintiffs-appellees -- producers and owners of copyrighted television programming -- sued defendants-appellants ivi, Inc. ("ivi") and its Chief Executive Officer, Todd Weaver, for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The district court granted a preliminary injunction for plaintiffs, holding that: (1) plaintiffs w... More...   $0 (08-29-2012 - NY)

Nexstar Broadcasting and Mission Broadcasting (Licensees) appeal from a take-nothing summary judgment respecting their breach of contract claim against Fidelity Communications. Licensees are owners of the broadcast licenses of four television stations, and Fidelity is the owner of a regional cable television system. Pursuant to their contract, Fidelity agreed to pay Licensees for the right to retr... More...   $0 (08-24-2012 - TX)

This appeal reads like a telenovela, a Spanish soap opera. It pits music celebrities, who make money by promoting themselves, against a gossip magazine, that makes money by publishing celebrity photographs, with a paparazzo, who apparently stole the disputed pictures, stuck in the middle.

Noelia Lorenzo Monge and Jorge Reynoso (“the coupleâ€�), Latin American celebrities, claim that Maya ... More...   $0 (08-15-2012 - CA)

Deborah Watts filed the underlying medical malpractice action alleging that her son, Naython Watts, was born with disabling brain injuries because Cox Medical Centers and its associated physicians (collectively, Cox) provided negligent health care services. The jury returned a verdict in favor of Watts and awarded $1.45 million in non-economic damages and $3.371 million in future medical damages. ... More...   $0 (07-31-2012 - MO)

Plaintiff Michael Emswiler sued his employer, CSX Transportation, Inc. (“CSXâ€�), a railroad, and the Brotherhood of Locomotive Engineers and Trainmen (“BLETâ€�) after his seniority on the roster of train engineers was adjusted in May 2009. Emswiler alleged breach of collective bargaining agreement (“CBAâ€�), breach of duty of fair representation, and disability discrimination under Ohio law... More...   $0 (07-20-2012 - OH)

Plaintiff Crystal Ludwig is an exotic dancer challenging the nudity ordinances of Van Buren Township under 42 U.S.C. § 1983. Ludwig works for Garter Belt, Inc., an entity that operates a strip club and is currently enjoined from violating the Van Buren nudity ordinances. This injunction was issued as part of a prior suit, in which Garter Belt unsuccessfully challenged the ordinances. In light of ... More...   $0 (06-20-2012 - MI)

Plaintiff, Navico, Inc., (“Navico�) for its causes of action against Defendants, Garmin International, Inc., Aaron Coleman, Jason Detring, Jeffrey Hanoch, John Matson, Kevin Brown, and Lance Lybarger states an alleges as follows:

PARTIES, JURISDICTION, AND VENUE

1. Navico is a Delaware corporation with its principal place of business in Tulsa County.

2. Defendant Gar... More...   $0 (06-14-2012 - OK)

This is a case about how a court may dispose of a copyright infringement action based on the fair use affirmative defense while avoiding the burdens of discovery and trial. This case also poses the interesting question of whether the incorporation-byreference doctrine applies to audio-visual works.

South Park is a popular animated television show intended for mature audiences. The show cent... More...   $0 (06-11-2012 - WI)

This appeal in a diversity suit presents issues of Wisconsin law, both statutory law and common law. The plaintiff seeks recovery, on a theory of restitution, of a brokerage fee that he paid the defendants. The district court, deeming the parties in pari delicto (equally at fault), granted the defendants’ motion to dismiss the complaint for failure to state a claim. The defendants are a corporat... More...   $0 (06-07-2012 - WI)