Plaintiffs Lester Chambers, Carl Gardner, Bill Pinkney, and Tony Silvester, who are recording artists, appeal from the December 8, 2000 judgment of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) dismissing their Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. The D... More...   $0 (02-21-2002 - NY)

Tiffany & Co. denied wrongdoing and pointed out that the Copyrig... More...   $0 (02-19-2002 - PA)

This is a diversity suit for breach of contract. (It is governed, all agree by Wisconsin contract law, but no peculiarities of that law have been cited to us.) The district court granted summary judgment for the defendants, Tony Richards and his wife. The plaintiff, Dispatch Automation, Inc., has appealed. The particulars of the claims and counterclaims need not detain us; the dispositiv... More...   $0 (02-11-2002 - WI)

Since 1978, the... More...   $0 (02-11-2002 - CA)

This case involves the application of copyright law to the vast world of the internet and internet search engines. The plaintiff, Leslie Kelly, is a professional photographer who has copyrighted many of his images of the American West. Some of these images are located on Kelly's web site or other web sites with which Kelly has a license agreement. The defen-dant, Arriba Soft Corp.,1 operates ... More...   $0 (02-06-2002 - CA)

In 1986, Edward Bacome and Philip Fankhauser, the principals of the Epcon Group, Inc. and Epmark, Inc., Ohio corporations, began designing architectural plans for ranch-style four-plex condominiums. In the late 1980's, Epcon developed several projects in Ohio based on their plans, including projects known as Deer Run, Greystone Manor, Bayberry and Trotters Chase. Epcon then licensed its dev... More...   $200000 (02-06-2002 - PA)

These appeals arise out of a declaratory judgment action filed by Charter Oak Fire Insurance Company ("Charter Oak") against Hedeen and Companies, Funmaker, C.V. Hedeen's Fun City, U.S.A., C.V. Hedeen's Fun Factory, Clemens V. Hedeen, Jr., and Patti Jo Hedeen, who we will refer tocollectively as "the Hedeens." The district court granted summary judgment in favor of the Hedeens, but refuse... More...   $0 (02-04-2002 - WI)

Consolidated News Pictures (CNP), and its agent, Mathieson Asso- ciates, Inc. (MAI), appeal the district court's order denying their motion for partial summary judgment and granting James Warlick's cross-motion for summary judgment and the district court's order granting Defendants Charles and Ann Shoup's (Shoup) and the Artist Proof Inc.'s (API) motion for summary judgment in their copyright... More...   $0 (02-01-2002 - VA)

Appellants Michael Gardner ("Gardner") and Bien Licensing Agency, Inc. ("Bien") (collectively referred to as "Appellants") appeal the District Court's grant of summary judgment to Appellee Nike, Inc. ("Nike"). The District Court held that Appellants lacked standing because the licensee, Sony Music Entertainment Corporation ("Sony"), did not have the right to transfer its rights to Gardner und... More...   $0 (01-31-2002 - CA)

We are asked to decide a judge's authority to rule that a case has been settled on the basis of settlement discussions that were conducted before him but not recorded or transcribed. The case, filed by Lynch in 1999, involved claims and counterclaims for copyright infringement and other wrongdoing. On September 21 the parties and their lawyers appeared before Magistrate Judge Denlow, who... More...   $0 (01-29-2002 - IL)

The parties to this lawsuit publish information about schools in and around Minneapolis and St. Paul, Minnesota. The plaintiff, Schoolhouse, Inc. (Schoolhouse), publishes its information in a magazine. The principal defendant, Jeff Anderson, posts his information on an internet website. Schoolhouse alleges that Anderson created his website by copying the selection and the arrangement of topics... More...   $0 (01-04-2002 - MN)

In the 1990s, plaintiffs-appellants IDG, Inc. and R. Brent Johnson, the majority stockholder and executive officer of IDG (together, "IDG"), purchased commercial insurance policies from defendants-appellees Continental Casual Company, Transportation Insurance Company and Valley Forge Insurance Company (collectively, "CNA"). Among other things, these policies provided liability and defense coverage... More...   $0 (12-27-2001 - OK)

I. Background More...   $0 (12-17-2001 - MA)

Artisan Contractor's Association of America, Inc. (ACA), the prevailing party in a copyright infringement suit, appeals the district court's decision to deny its motion to recover all of its expert witness fees from Frontier Insurance Company (Frontier). (1) Pursuant to 17 U.S.C. § 505, (2) the court in its discretion may allow "full costs" against a party other than the United States or an office... More...   $0 (12-14-2001 - FL)

E. Marvin Herr, a land developer, appeals the grant of summary judgment to Pequea Township ("Township") and its three supervisors, Virginia Brady, Bruce Groff, and Martin Hughes (collectively, "defendants"), in this civil rights action. Herr alleges that his right to substantive due process was violated by an eleven year campaign of the Township and its officers to delay and obstruct his de... More...   $0 (12-12-2001 - PA)

This case presents, once again, see Liberty Mut. Ins. Co. v. Metro. Life Ins. Co., 260 F.3d 54 (1st Cir. 2001), the vexing question of how to interpret an "advertising injury" clause in a general commercial liability ("GCL") policy. EKCO Housewares, Inc., a subsidiary of EKCO Group, Inc. (collectively "the EKCO companies"), markets kitchen products, some of which it makes itself. Among its product... More...   $0 (12-10-2001 - NH)

This diversity suit, based on Wisconsin law, presents a novel but potentially quite important issue of insurance law: whether a liability insurer, asked to defend (or pay the defense costs in) a suit against its insured that contains some claims that are covered by the insurance policy and others that are not, can limit its responsibility to defend by paying the plaintiff in the liabilit... More...   $0 (12-06-2001 - WI)

On December 14, 2000, the district court for the Eastern District of North Carolina issued a preliminary injunction against certain con- duct of defendants Trade Associates Group, Limited and Terry's Vil- lage. By that order, the defendants were directed to cease and desist from violating the copyright owned by Candle Factory, Incorporated and Cheryl Hannant for seashell-shaped candles. Trade... More...   $0 (11-30-2001 - NC)

When the Framers of the First Amendment prohibited Congress from making any law "abridging the freedom of speech," they were not thinking about computers, computer programs, or the Internet. But neither were they thinking about radio, television, or movies. Just as the inventions at the beginning and middle of the 20th century presented new First Amendment issues, so does the cyber revolution at t... More...   $0 (11-28-2001 - NY)

Earle F. Moloney owes his fame and fortune to success in the limousine, armored car, and custom auto rebuilding business. In 1986 he sold his limousine assets, together with the name "Moloney Coach Builders", to Jacques Moore, who incorporated Moloney Coachbuilders, Inc., to carry on the business. Earle agreed not to compete for five years in the stretch limousine business but reserved ... More...   $0 (11-26-2001 - IL)

Cambridge Literary Properties, Ltd. ("Cambridge") has filed a petition for writ of mandamus asking this court to direct the district court to approve a proffered statement, pursuant to Fed. R. App. P. 10(c) ("Rule 10(c) Statement"). Mandamus is an extraordinary remedy requiring "(1) a showing of some special risk of irreparable harm, and (2) a demonstration of clear entitlement to the relief reque... More...   $0 (11-20-2001 - MA)

This declaratory judgment action was brought by GRE Insurance Group, Tower Insurance Co., Inc. (GRE) to obtain a ruling as to whether it had a duty to indemnify its insured, Complete Music, Inc., for losses incurred in defending and settling a copyright infringement case. GRE's case was tried to the district court 2 which concluded that it had no duty to indemnify. On appeal Complete Music argues... More...   $0 (11-13-2001 - NE)

In this copyright case, we must decide an issue unaddressed by our prior decisions: Which law, state or federal, governs the creation of an implied, nonexclusive copyright license? We conclude that while federal law answers the threshold question of whether an implied, nonexclusive copyright license can be granted (it can), state law determines the contract question: whether a copyright hold... More...   $0 (10-30-2001 - CA)

Copyright infringement claim by architectual firm Kipp Flores, L.L.C. against home builder Signature Homes, L.L.C. for the unauthorized use of plaintiff's plans in the construction of 300 houses.... More...   $5200000 (09-30-2001 - VA)

These appeals, which were consolidated for argument and decision in this court, arise out of a lawsuit filed by Law Bulletin Publishing Company ("Law Bulletin") against LRP Publications, Inc. ("LRP") and Joanne Fiore, an employee of LRP. Law Bulletin is an Illinois company which publishes and sells the Cook County Jury Verdict Reporter and the Illinois Jury Verdict Reporter, both of which are news... More...   $1 (09-27-2001 - GA)