| 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) |
| Peter Letterese and Associates, Inc. v. World Institute of Scientology Enterprises, International, Religious Technology Center, Inc., Church of Scientology International, Inc., Church of Spiritual Technology |
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The parties in this case disagree over the scope of copyright protection in a book about sales techniques authored by the late Leslie Achilles “Les” Dane. Peter Letterese & Associates, Inc. (“PL&A”), the exclusive licensee of the copyright in Dane’s book, claims that three entities affiliated with the Church of Scientology have been infringing its copyright by incorporating portions of t... More... $0 (07-08-2008 - FL) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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 Ert, Symphony in Black and Ebony on White. While Ert's images depict elegant women walking aquiline dogs, plaintiffs' prints portray Betty Boop next to her aptly nam... More... $0 (02-05-2008 - CO) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Warner Bros. Records, Inc. et al v. Paternoster |
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Arista Records LLC, BMG Music, UMG Recordings, Inc., Virgin Records America, Inc. and Warner Bros. Records, Inc. sued Nicholas Paternoster, a Clarksville, Tenn., Army sergeant, on a copyright violation theory claiming that Defendant downloaded music from Kazaa and other sources in violation of Plaintiffs' copyrights. Paternoster claimed Defendants and the Recording Industry Association ... More... $1 (11-07-2007 - TN) |
| Capitol Records, Inc. v. Jammie Thomas |
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Capitol Records, Inc.; Arista Records, LLC; Interscope Records; Sony BMG |
| Propet USA v. Lloyd Shugart |
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Propet USA sued Lloyd Shugart seeking a declaration that it did not violate his copyright on photographs taken by him between 1999 and 2005 of Propet's shoes and other lifestyle images. Propet used the photographs in advertising for the company's products and distributed the photographs to third parties. Propet terminated its relationship with Shugart in 2005 when Shugart complained to Propet ... More... $1315800 (10-03-2007 - WA) |
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