copyright Law
 
John Wilson, Charles Still, Terrance Stubbs v. Dynatone Publishing Company, UMG Recordings, Inc., Unichappell Music, Inc. Southern District of New York - New York, New York

14 Plaintiffs, John Wilson, Charles Still, and Terrance Stubbs, appeal from
15 the judgment of the United States District Court for the Southern District of
16 New York (Paul A. Engelmayer, J.) dismissing their copyright claims for
17 failure to state a claim because of untimeliness. Plaintiffs are former members
18 of the musical performance group called “Sly Slick & Wicked.” They... More...
   $0 (06-12-2018 - nY)

Ecimos,, LLC and Electrical Controls, Inc. v. Nortek Global HVAC, LLC Western District of Tennessee Federal Courthouse - Memphis, Tennessee

At first glance, this case appears complicated. It languished for years in the district court as the magistrate judge and district judge held countless hearings and conferences and issued dozens of rulings. All told, this case sprawled over more than 250 docket entries. But a closer look reveals that the core issue boils down to a simple life lesson: play by the rules. This fundamental concept com... More...   $0 (06-01-2018 - TN)

Verisign, Inc. v. XYZ, L.L.C. United States Court of Appeals for the Fourth Circuit

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...   $0 (05-29-2018 - VA)

Robert Ghiringhelli v. The Assurance Group, Inc. Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Plaintiffs Robert Ghiringhelli, Colin
Keith Holley, Derrold Nash, Anthony Petitti, Jr., and Harmon G. Pye, III,1 appeal the district
court’s grant of summary judgment to defendant The Assurance Group, Inc., on the plaintiffs’
claims for breach of contract, conversion, breach of fiduciary duty, statutory and regulatory
violations, and for declaratory judgment. Before this court, the... More...
   $0 (05-26-2018 - OH)

Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu... More...
   $0 (04-30-2018 - CA)

Pharrell Williams v. Frankie Christian Gaye Central District of California Federal Courthouse - Los Angeles, California

After a seven-day trial and two days of deliberation, a jury found that Pharrell Williams, Robin Thicke, and Clifford Harris, Jr.’s song “Blurred Lines,” the world’s best-selling single in 2013, infringed Frankie Christian Gaye, Nona Marvisa Gaye, and Marvin Gaye III’s copyright in Marvin Gaye’s 1977 hit song “Got To Give It Up.” Three consolidated appeals followed.

Appellants and Cross-A... More...
   $0 (03-29-2018 - CA)

Olivia DeHavilland v. FX Networks, LLC

Authors write books. Filmmakers make films. Playwrights
craft plays. And television writers, directors, and producers
create television shows and put them on the air -- or, in these
modern times, online. The First Amendment protects these
expressive works and the free speech rights of their creators.
Some of these works are fiction. Some are factual. And some are
a combinat... More...
   $0 (03-26-2018 - CA)

Eleanor Licensing, LLC v. Classic Recreations, LLC

Following a four-day bench trial, the court entered
judgment in favor of Eleanor Licensing LLC and Denice
Shakarian Halicki and against Classic Recreations, LLC, T&D
Motor Company, Jason Engel and Tony Engel (collectively
Classic), ordering that Eleanor Licensing retain possession of a
vehicle identified as “Eleanor No. 1,” which had been
manufactured by Classic pursuant to... More...
   $0 (03-22-2018 - CA)

Great Minds v. Fedex Office and Print Services, Inc. Southern District of New York - New York, New York

Plaintiff‐Appellant Great Minds appeals from the March 21, 2017 dismissal
under Federal Rule of Civil Procedure 12(b)(6) of its copyright infringement action
against FedEx Office and Print Services, Inc. (“FedEx”) in the United States District
Court for the Eastern District of New York (Hurley, J.). We find that Great Minds’
public license does not explicitly address whether ... More...
   $0 (03-21-2018 - NY)

Pieter A. Folkens v. Wyland Worldwide, LLC Eastern District of California Federal Courthouse - Sacramento, California

Plaintiff Peter A. Folkens (“Folkens”) alleges that Defendant Robert T. Wyland (“Wyland”) infringed on his pen and ink depiction of two dolphins crossing underwater. Folkens contends that Wyland’s depiction of an underwater scene infringes on his drawing by copying the crossing dolphins, and that the similar element of two dolphins crossing underwater is protectable under copyright law, entitling ... More...   $0 (02-19-2018 - AZ)

BMG Rights Management (US) LLC v. Cox Communications, Inc., et al. Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for infringement of BMG’s copyrights by subscribers to Cox’s Internet service. Following extensive discovery... More...   $0 (02-14-2018 - VA)

William Roberts, II, a/k/a Rick Ross and Andrew Harr v. Stefan Kendal Gordy, Skyler Austen Gorday Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

William L. Roberts II, Andrew Harr, and Jermaine Jackson (collectively “Appellants”), who are artists in the hip-hop industry, appeal the dismissal of their copyright infringement case. On appeal, they argue that their copyright registrations were improperly invalidated under 17 U.S.C. § 411 without a showing of scienter and that they made a proper showing of copyright ownership. Appellees counter... More...   $0 (12-15-2017 - FL)

Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors, L.L.C. Southern District of Texas Courthouse - Houston, Texas

Houston, TX - Jury Awards Publisher $585,000 In Damages On Copyright Claim

Energy Intelligence Group, Inc. sued Kayne Anderson Capital Advisors on a copy right violation theory claiming that the Defendant wrongfully copied its energy newsletters. It claimed that Defendant shared five subscriptions of "Oil Daily" with others in the investment firm who did not have subscriptions. Thirty-nin... More...
   $585000 (12-08-2017 - TX)

United States of America v. David Donadeo Northern District of Ohio Courthouse - Cleveland, Ohio

Cleveland, OH - Former Broadview Heights man sentenced to nearly six years in prison for defrauding Cuyahoga Heights School District out of $2.6 million

A former Broadview Heights man was sentenced to nearly six years in prison for his role in a scheme to defraud the Cuyahoga Heights School District out of millions of dollars, law enforcement officials said.

David Donadeo, 43, (f... More...
   $2600000 (12-06-2017 - OH)

Joyce Bartholomew v. Youtube, LLC

We are asked in this case to decide whether a musician stated a claim for libel per
quod against the popular video viewing Web site, YouTube. When YouTube decided to
block access to Joyce Bartholomew’s video, it posted a statement that the video had
violated YouTube’s terms of service, a statement which also provided a hyperlink to a list
of examples and tips, a list YouTube called... More...
   $0 (12-03-2017 - CA)

United States of America v. Dan Calvert Wallen Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Dan Wallen appeals his conviction after a bench trial for
killing three grizzly bears in violation of the Endangered
Species Act. Although we reject Wallen’s argument that he
was entitled to a jury trial, we hold the magistrate judge, who
served as the trier of fact at trial, misconceived the selfdefense
element of the offense, and that error was not
harmless. We hold the “... More...
   $0 (10-29-2017 - MT)

SAS Institute, Inc. v. World Programming Limited Fourth Circuit Court of Appeals Courthouse

SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district cou... More...   $0 (10-24-2017 - OK)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals - San Francisco, California

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Glo... More...   $0 (09-16-2017 - AZ)

United States of America v. $11,500 In United States Currency Ninth Circuit Court of Appeals - San Francisco, California

This appeal is from a civil forfeiture of $11,500 under
21 U.S.C. § 881(a)(6). The claimant and his wife are heroin
addicts, who have been buying and selling drugs for most of
their lives. When the claimant, through a friend, tried to post
the $11,500 as bail for his wife, the government seized the
cash. At trial, the government had two theories: first, that the
money was p... More...
   $0 (09-06-2017 - OR)

Filmon.com v. Doubleverify, Inc.

Plaintiff FilmOn.com (FilmOn) is an Internet-based
entertainment media provider. Defendant DoubleVerify, Inc.
(DoubleVerify) provides authentication services to online
advertisers. FilmOn sued DoubleVerify for trade libel, slander,
and other business-related torts, alleging DoubleVerify falsely
classified FilmOn’s websites under the categories “Copyright
Infringement-File S... More...
   $0 (07-26-2017 - CA)

Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, et al.

“Registration” of a copyright is a precondition to filing suit for copyright infringement. 17 U.S.C. § 411(a). This appeal requires us to decide an issue that
* Honorable Danny J. Boggs, United States Circuit Judge for the Sixth Circuit, sitting by designation.
Case: 16-13726 Date Filed: 05/18/2017 Page: 1 of 11
2
has divided the circuits: whether registration occurs when an owner ... More...
   $0 (05-18-2017 - FL)

United States of America v. Mamadou Aliou Simakha

Atlanta, GA - Member of CD and DVD Counterfeiting Ring in Atlanta Sentenced to 60 Months in Prison

A Dakar, Senegal, man was sentenced to 60 months in prison for his involvement in a counterfeit DVD and CD ring.

Mamadou Aliou Simakha, 41, was also ordered to pay $70,894 in restitution, jointly and severally with his co-defendants, by U.S. District Judge William S. Duffey Jr. of ... More...
   $0 (03-22-2017 - GA)

United State of America v. Daniel George Fisher


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Minneapolis, MN - Attorney Pleads Guilty For Role In Multi-Million Dollar Scheme... More...
   $0 (03-19-2017 - MN)

Sergey Efremov v. Geosteering, L.L.C.

Plaintiff/appellee GeoSteering LLC sued defendant/appellant Sergey Efremov seeking a temporary restraining order, a temporary injunction, a permanent injunction, and damages. The trial court entered a temporary injunction in GeoSteering’s favor, and Efremov brought this interlocutory appeal.
2
BACKGROUND
The service of “geosteering” involves monitoring drilling operations using real-ti... More...
   $0 (03-15-2017 - TX)

United States of America v. Deric Lostutter

Lexington, KY - Winchester Man Sentenced To 24 Months For Illegally Hacking Into Website And Lying To Federal Agents

A Winchester, Ky., man, who previously admitted to hacking and taking control of a high school sports website, to gain publicity for his online identity and harass and intimidate the website owner and others, has been sentenced to 24 months in federal prison.

U.S. ... More...
   $0 (03-08-2017 - KY)

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