copyright Law
 
Hyundai Motor America v. National Union Fire Insurance Company of Pittsburgh

After Plaintiff Hyundai Motor America (“Hyundai”) placed certain features on its website, a third party sued Hyundai for patent infringement. Hyundai sought a defense from its liability insurers, Defendants National Union Fire Insurance Company of Pittsburgh and American Home Assurance Company.

Because the alleged patent infringement concerned one of Hyundai’s advertising methods, H... More...
   $0 (04-05-2010 - CA)

SCO Group v. Novell, Inc.

SCO Group sued Novell, Inc. on a copyright infringement theory claiming that SCO purchased the rights to the Unix operating system from Santa Cruz Operations which Plaintiff claimed it purchased from Novell in 1995. SCO sought damages of $215 million from Novell. It claimed that IBM and Novell had worked together against SCO.

Novell denied that it sold the copyrights to the computer op... More...
   $1 (04-01-2010 - )

Russian Media Group, LLC v. Cable America Inc. and Shai Harmelech and USA Satellite & Cable, Inc.

For nearly ten years, plaintiff Russian Media Group, LLC has battled in court with defendant Shai Harmelech and his companies, charging that Harmelech pirated Russian-language satellite televi2 sion programming to enable him to compete unfairly against RMG’s legitimate business. The district court found RMG’s complaints justified and enjoined Harmelech and the other defendants from distributin... More...   $0 (03-10-2010 - )

ResQNet.com, Inc. v. Lansa, Inc.

The United States District Court for the Southern District of New York ruled that U.S. Patent No. 6,295,075 (the ’075 patent), owned by ResQNet.com, Inc., is valid and is infringed by Lansa, Inc. The district court also ruled that ResQNet’s U.S. Patent No. 5,831,608 (the ’608 patent) is not infringed. The court awarded damages of $506,305 for past infringement based on a hypothetical royalty... More...   $0 (03-02-2010 - )

Maverick Recording Company v. Whitney Harper

Ruling on cross-motions for summary judgment, the district court found that appellant Whitney Harper infringed copyrights held by a consortium of record companies in 37 sound recordings. It also found that whether Harper was an “innocent infringer” under 17 U.S.C. § 504(c)(2) was a question for the jury. On Plaintiffs’ motion, the court entered a final judgment against Harper in the amount ... More...   $0 (02-26-2010 - TX)

Barbara Ernster v. Luxco, Inc.

Barbara Ernster sued Luxco, Inc., alleging wrongful termination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code Ann. Ch. 216. After denying Luxco summary judgment on the threshold issue of whether Ernster was an employee or an independent contractor, the district court1 ordered a jury trial of that issue. More...   $0 (02-24-2010 - IA)

Wayne Talley, v. United States Department of Agriculture,

Any “person” who willfully or negligently fails to comply with the Fair Credit Reporting Act is liable for damages. 15 U.S.C. §§ 1681n(a), 1681o(a). One of the Act’s requirements is that lenders report borrowers’ payment history accurately to credit agencies. 15 U.S.C. §1681s–2. The Department of Agriculture violated that requirement by reporting that Wayne Talley is behind on a loan ... More...   $0 (02-12-2010 - )

Massachusetts Museum of Contemporary Art Foundation Inc. v. Christopher Buchel

Geoff Edgers, Dismantled, The Boston Globe, Oct. 21, 2007, at 1N. Artist Christoph Büchel conceived of an ambitious, football-field-sized art installation entitled "Training Ground for Democracy," which was to be exhibited at the Massachusetts Museum of Contemporary Art ("MASS MoCA," or "the Museum"). Unfortunately, the parties never memorialized the terms of their relationship or their understan... More...   $0 (01-28-2010 - MA)

Multimatic, Inc. v. Faurecia Interior Systems USA, Inc.

Faurecia Interior Systems USA appeals (1) the district court’s summary judgment decision that it breached a confidentiality agreement with Multimatic and (2) the jury’s $10 million damage award. Multimatic cross-appeals the district court’s exclusion of its damages expert, who claimed Multimatic suffered an additional $28.7 million in damages. Because the district court properly granted summ... More...   $0 (12-22-2009 - MI)

Apple, Inc. v. Psystar Corporation

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

In this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apple’s motion is GRANTED and Psystar’s motion is DENIED.

STATEMENT

Plaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system... More...
   $1 (11-15-2009 - CA)

Bridgeport Music, Inc. and Southfield Music, Inc. v. UMG Recordings, Inc. and University Music Investments, Inc.

This copyright-infringement case is “one of several hundred filed by [Bridgeport Music, Inc., and Southfield Music, Inc.] against entities and/or individuals associated with the ‘rap’ or ‘hip-hop’ music industry,” seeking declaratory judgment, injunctive relief, and damages from some 800 defendants for copyright infringement under the federal copyright statute, 17 U.S.C. §§ 101 et se... More...   $0 (11-06-2009 - TN)

Daniel P. Schrock v. Learning Curse International, inc., RC2 Brands, Inc. and HIT Entertainment

HIT Entertainment (“HIT”) owns the copyright to the popular “Thomas & Friends” train characters, and it licensed Learning Curve International (“Learning Curve”) to make toy figures of its characters. Learning Curve in turn hired Daniel Schrock, a professional photographer, to take pictures of the toys for promotional materials. Learning Curve used Schrock’s services on a regular basi... More...   $0 (11-05-2009 - IL)

Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc. and Kremers Urban, LLC

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 (“’730 patent”), No. 6,503,705 (“’705 patent”), and No. 7,129,041 (“’041 patent”) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) (“Invalidity Opinion”). Ro... More...   $0 (10-05-2009 - CA)

Wounder Warrior Project, Inc. v. Wounded Warriors Family Support

Wounded Warrior Project, Inc. ("WWP") sued Wounded Warriors Family Support on a copyright violation theory claiming that defendant wrongfully infringed its copyright on Lanham Act and Nebraska's Consumer Protection Act violation theories claiming that defendant's use of a similar name was intended to confuse the public.... More...   $1725000 (09-26-2009 - NE)

Cincom Systems, Inc. v. Novelis Corp.

Novelis Corporation appeals from the order of the district court granting summary judgment to plaintiff Cincom Sysems, Inc. (“Cincom”), on its claim of copyright infringement. See 17 U.S.C. § 501. Novelis argues that the district court erred by concluding that a series of mergers Novelis underwent as part of an internal corporate restructuring resulted in a prohibited transfer of the software... More...   $0 (09-25-2009 - OH)

Authors Guild Inc., et al. v. Google, Inc.

The United States of America, by and through counsel, submits this statement of its views
concerning the proposed class action settlement (the Proposed Settlement or Agreement)
between the American Association of Publishers, et al. (the Class Plaintiffs) and Google Inc.
(Google).
The United States has been informed by the parties that they are continuing to consider
pos... More...
   $0 (09-18-2009 - NY)

Art Attacks, Ink, LLC v. MGA Entertainment, Inc.; Isaac Larian

Art Attacks Ink, LLC (“Art Attacks”) brought suit against MGA Entertainment Inc. (“MGA”), alleging copyright, trademark, and trade dress infringement. A jury found for MGA on the trademark claim, but could not reach a verdict on the remaining claims. MGA then moved for judgment as a matter of law under Federal Rule of Civil Procedure 50(b). The district court granted the motion and Art Att... More...   $0 (09-18-2009 - CA)

Super Duper Inc., dba Super Duper Publications v. Pennsylvania National Mutual Casualty Insurance Company, The Travelers Indemnity Company of America, and Travelers Property Casualty Company of America

The United States District Court for the District of South Carolina presents certified questions concerning commercial general liability (CGL) insurance policies. We are asked, as an issue of first impression in South Carolina, whether the respective policies’ inclusion of an advertising injury may encompass trademark infringement. Generally, based on the policy terms before us, we answer in t... More...   $0 (09-14-2009 - SC)

Nancy Lewis v. Rio Grande Sun

Plaintiff Nancy Lewis’s pro se complaint for copyright infringement charged that defendant, New Mexico newspaper Rio Grande Sun, ran a front page story she had written without crediting her authorship and published another article with an editorial change she had not approved.1 The district court referred the case to a magistrate judge who recommended that it be dismissed for lack of jurisdic... More...   $0 (09-10-2009 - NM)

Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. and Managed Solutions Group, Inc.

Louis Vuitton Malletier, S.A. sued ISPs Akanoc Solutions, Inc. and Managed Solutions Group, Inc. and Steven Chen on Digital Millennium Copyright Act ("DMCA") violation theories claiming that defendants knowingly allowed others to sell counterfeit Vuitton goods on website hosted by them. Plaintiff produced evidence in support of its claims that defendants knew of the illegal activities being conduc... More...   $32000000 (09-04-2009 - CA)

Paris Hilton v. Hallmark Cards

We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission.

I Paris Hilton is a controversial celebrity known for her lifestyle as a flamboyant heiress. As the saying goes, she is “famous for being famous.”

She is also famous for starring in “The Simple Life,” a socalled... More...
   $0 (09-01-2009 - CA)

The SCO Group, Inc. v. Novell, Inc.

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion gr... More...   $0 (08-24-2009 - UT)

Aviat Aircraft, Inc. v. Edward Saurenman

[¶1] Appellant, Aviat Aircraft, Inc. (Aviat), seeks review of the district court’s “Judgment in Accordance with Verdict.” We will explain the details below, but we briefly note here that Aviat actually appealed from a decision of the district court that was made independent of, but which was subsumed into, the above identified “Judgment.” We also note that Aviat filed a motion for new t... More...   $0 (08-14-2009 - WY)

Custom Hareware Engineering & Consulting and David York v. Assurance Company of America

Custom Hardware Engineering & Consulting, Inc. and David York1 appeal the grant of summary judgment in favor of their insurer, Assurance Company of America, on their claims for declaratory judgment and breach of contract. We affirm.

I. BACKGROUND

Plaintiff Custom Hardware, a corporation with its principal place of business located in Fenton, Missouri, provides service and maintenance... More...
   $0 (08-11-2009 - MO)

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AK Morlan
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