copyright Law
 
Jonathan Tasini, et al. v. New York Times Co., Time Inc., Dow Jones Interactive, Lexus-Nexus and others.

Plaintiffs, freelance authors, wrote articles for newspapers and a magazine published by petitioners New York Times Company, Newsday, Inc.), and Time, Inc. . The Times, Newsday, and Time engaged the Authors as independent contractors under contracts that in no instance secured an Author's consent to placement of an Article in an electronic database. The Print Publishers each lice... More...   $18000000 (03-31-2005 - NY)

Compuware v. IBM

Compuware Corporation sued IBM Corporation for copyright infringement, anti-trust law abuses and unfair competitive acts. Compuware claimed that IBM used Compuware source code in IBM's File Manager and Fault Analyzer tools; illegally tied customer purchases of mainframe software tools to purchases of other key IBM software products; steered its services customers to its own products without fa... More...   $400000000 (03-23-2005 - MI)

Gregg K. Hobbs v. Qualmark Corporation

In a contract dispute over intellectual property ownership, Gregg Hobbs appeals the district court's order granting summary judgment to the defendant, Qualmark Corp. The district court found that Hobbs had conveyed to Qualmark copyrights to seminar materials relating to vibrational stress screening systems and that Qualmark retained those copyrights. We Affirm.

Hobbs developed the dispu... More...   $0 (03-17-2005 - CO)

Gator.com Corp. v. L.L. Bean, Inc.

We must decide whether a declaratory judgment action initiated to determine the legality of a software vendor's pop-up advertising program is rendered moot by a settlement under which the vendor permanently modified its software and the website owner relinquished all claims.

I

Gator.com Corporation1 is the proprietor of a software program that enables computer users to store person... More...   $0 (02-22-2005 - CA)

Recording Ind. Assoc v. Charter

This case concerns whether the Digital Millennium Copyright Act (DMCA), specifically 17 U.S.C. § 512(h), permits copyright owners and their representatives to obtain and serve subpoenas on internet service providers (ISPs) to obtain personal information about an ISP's subscribers who are alleged to be transmitting copyrighted works via the internet using so-called "peer to peer" or "P2P" ... More...   $0 (02-04-2005 - MO)

Ilene Goldberg v. Warner/Chappell Music, Inc., et al.

Appellant Ilene Goldberg brought suit against respondents, her former employer Warner/Chappell Music, Inc. (Warner) and her former supervisor Edward Pierson, for wrongful termination. Goldberg claimed that she was discriminated against in the terms and conditions of her employment based on her gender, and terminated in retaliation for raising complaints about gender-based discrimination.... More...   $0 (01-07-2005 - CA)

Recording Industry Association v. Charter

This case concerns whether the Digital Millennium Copyright Act (DMCA), specifically 17 U.S.C. § 512(h), permits copyright owners and their representatives to obtain and serve subpoenas on internet service providers (ISPs) to obtain personal information about an ISP's subscribers who are alleged to be transmitting copyrighted works via the internet using so-called "peer to peer" or "P2P" ... More...   $0 (01-04-2005 - MO)

Robert Donchez v. Coors Brewing Coompany, et al.

Plaintiff Robert Donchez filed suit against defendants Coors Brewing Company (Coors) and Foote Cone & Belding Advertising, Incorporated (FCB), claiming they violated the Lanham Act, federal common law, and Colorado state law by misappropriating for use in a national advertising campaign a unique beer-vending character he had created, as well as a related term, "beerman," that he alleged was as... More...   $0 (12-24-2004 - CO)

Superbrace, Inc. v. Kelly Tidwell, et al.

There is a debate among federal and state courts as to whether state or federal common law should be applied to cases involving the transfer of patent license

* Parts III, IV, V and VI of this opinion are not certified for publication. (See Cal. Rules of Court, rules 976(b) and 976.1.)

2 rights. In the case before us, Kelly Tidwell and Fran Cyrus (collectively Tidwell unless other... More...   $0 (11-24-2004 - CA)

Rita Mulcahy v. Cheetah Learning LLC

This is a copyright dispute between two organizations that offer competing courses to prepare students to pass the Project Management Professional (PMP) Exam given by the Project Management Institute (PMI). Rita Mulcahy filed the lawsuit, claiming copyright infringement and unfair competition by Cheetah Learning LLC and by Jeff Schurrer, an instructor who distributed allegedly infringing ... More...   $0 (10-28-2004 - MN)

Polar Bear Productions, Inc. v. Timex Corporation, et al.

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing... More...   $115000 (10-28-2004 - MT)

Metro-Goldwyn-Mayer Studios, et al. v. Grokster Ltd.; Streamcast Networks, Inc. f/k/a Musiccity.Com, Inc., et al.

This appeal presents the question of whether distributors of peer-to-peer file-sharing computer networking software may be held contributorily or vicariously liable for copyright infringements by users. Under the circumstances presented by this case, we conclude that the defendants are not liable for contributory and vicarious copyright infringement and affirm the district court's parti... More...   $0 (08-20-2004 - CA)

Paramount Pictures, et al. v. 321 Studios, Inc.

Paramount Pictures et al. sued 321 Studios for violating the 1998 Digital Millennium Copyright Act by developing and selling a software product that was capable of making "perfect" copies of DVD disks. The following message now appears on 321 Studios' website: "Thank you for visiting 321 Studios. 321 Studios regrets to inform you that it has ceased business operations including, but not limit... More...   $1 (08-11-2004 - NY)

WordLogic Corporation v. Hewlett-Packard

WordLogic Corporation suited Hewlett-Packard for copyright infringement relating to advanced text input software for wireless information devices.... More...   $1 (07-23-2004 - CA)

CoStar Group, Inc., et al. v. Loopnet, Inc.

CoStar Group, Inc. and CoStar Realty Information, Inc. (collectively "CoStar"), a copyright owner of numerous photographs of commercial real estate, commenced this copyright infringement action against LoopNet, Inc., an Internet service provider, for direct infringement under §§ 501 and 106 of the Copyright Act because CoStar's copyrighted photographs were posted by LoopNet's subscribers o... More...   $0 (06-21-2004 - MD)

Thomas M. Siebel v. Carol L. Mittlesteadt, et al.

Plaintiff Thomas M. Siebel sued defendants Carol L. Mittlesteadt and E. Rick Buell, II, for malicious prosecution based on defendants' legal representation of a former employee of Siebel Systems, Inc. (SSI), where Siebel was the Chief Executive Officer (CEO). The trial court granted summary judgment to defendants on the ground that Siebel had failed to achieve a favorable termination of the... More...   $0 (05-06-2004 - CA)

The Traditional Cat Association, Inc., et al. v. Laura Gilbreath, et al.

In California the accrual of causes of action growing out of the publication of defamatory or other tortious statements is governed by the single-publication rule. Under the rule one cause of action will arise, and the statute of limitations will commence running, upon the first general publication or broadcast of a tortious statement, notwithstanding how many copies of the publication ar... More...   $0 (05-06-2004 - CA)

Bridgestone Corporation, et al. v. Juan Marcia Lopez, et al.

In a single issue, appellant Bridgestone Corporation ("Bridgestone") contends the trial court erred in denying its special appearance. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon Supp. 2004); Tex. R. App. P. 28.1. We affirm.

Background

This interlocutory appeal arises out of a single-vehicle automobile crash which occurred in Mexico on August 3, 2000. Appel... More...   $0 (04-01-2004 - TX)

Stephen John Ranney v. Kenneth Robert Young

Slander, harassment, copyright violation: over a period of several months, the defendant posted slanderous, harassing and threatening messages directed at the plaintiff to an internet message board. Plaintiff sought $390.00 in actual damages, $200,000 in punitive damages, and injunctive relief. ... More...   $0 (02-15-2004 - TX)

Christina Axson-Flynn v. Xan Johnson, et al.

In 1998, Plaintiff Christina Axson-Flynn entered the University of Utah's Actor Training Program (ATP). Axson-Flynn, who is Mormon, refused to say the word "fuck" or take God's name in vain during classroom acting exercises. During Axson-Flynn's first semester in the program, Defendants--all ATP faculty members--told Axson-Flynn to "get over" her refusal to use those words, saying that not usin... More...   $0 (02-04-2004 - UT)

Ameristar Jet Charter, Inc., and Sierra American Corporation v. Dodson International Parts, Inc.; Houston Casualty Company and Howe Associates, Inc

This appeal stems from complex commercial litigation involving an airplane that made an emergency landing near Kansas City's Downtown Airport. The parties to this appeal include the airplane's owner/operator; the company that insured the airplane; and the company that hauled the airplane after the landing. The plane's owner/operator sued the insurance company and the hauler to recover damages purp... More...   $1500000 (01-20-2004 - MO)

Ty, Inc. v. Softbelly's Inc., et al.

Ty Inc., the manufacturer of "Beanie Babies," brought suit for trademark infringement against Softbelly's, Inc. and affiliated companies and individuals unnecessary to discuss separately. Softbelly's

2 No. 03-1592

manufactures a very similar looking and feeling product that it calls "Screenie Beanies." They differ from Beanie Babies mainly in having chamois bellies and being sold t... More...   $0 (12-23-2003 - IL)

Mattel, Inc. v. Greiner and Hausser GmbH, et al.

Barbie, the ubiquitous doll produced by Mattel, has been a regular visitor to our court.1 This time she brings with her an issue of personal jurisdiction - not over her, but over a German toy company which has questioned her ancestry by asserting that Barbie was a copy of its doll and that Mattel had infringed its patent and other intellectual property rights. The German company, Greine... More...   $0 (12-23-2003 - CA)

RECORDING INDUSTRY ASSOCIATION OF AMERICA, INC. v. VERIZON INTERNET SERVICES, INC.

This case concerns the Recording Industry Association of America's use of the subpoena provision of the Digital Millennium Copyright Act, 17 U.S.C. § 512(h), to identify internet users the RIAA believes are infringing the copyrights of its members. The RIAA served two subpoenas upon Verizon Internet Services in order to discover the names of two Verizon subscribers who appeared to be tra... More...   $0 (12-19-2003 - DC)

DSMC, Inc. v. Convera Corporation and NGT Library, Inc.

In these consolidated appeals, National Geographic Television Library, Incorporated (NGTL) and Convera Corporation (Convera) (collectively ‘‘appellants'') seek interlocutory review of a district court order denying (1) Convera's motion to compel arbitration and (2) NGTL's motion to stay all litigation pending arbitration. NGTL and Convera invoke Section 16 of the Federal Arbitration Act ... More...   $0 (11-23-2003 - DC)

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