Copyright Law
 
Larry Montz v. Pilgrim Films & Television, Inc.

We consider whether federal copyright law preempts state law claims alleging the unauthorized use of screenplays, videos, and other materials in the production of a cable television series.

I

A

In November 2006, plaintiffs Larry Montz, a parapsychologist, and Daena Smoller, a publicist, filed a complaint in federal district court. They claimed that in 1981, Montz conceiv

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Bappi Lahiri v. Universal Music and Video Distribution Corporation

Anthony Kornarens is an attorney specializing in copyright law. Kornarens was severely sanctioned by the district court for his five-year bad faith pursuit of a frivolous copyright infringement claim. In its 21-page order, the district court awarded defendants $247,397.28 in attorneys' fees and $10,808.76 in costs, under 28 U.S.C. § 19271 and the court's inherent sanctioning power. Kornarens ap

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Amazing Spaces, Inc. v. Metro Mini Storage; Landmark Interest Corporation

Amazing Spaces, Inc., and Metro Mini Storage are rival self-storage businesses in Houston, Texas. Amazing Spaces brought this action against Metro and Landmark Interest Corporation, a construction company, alleging infringement of a star design that it claims as a service mark. The district court concluded that the design was not a legally protectable mark and dismissed Amazing Spaces's claims on

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Dr. Dongxiao Yue and Netbula, L.L.C. v. Chordiant Software, Inc.

Dr. Dongxiao Yue and Netbula, L.L.C. sued Chordiant Software, Inc. on a copyright infringement theory. Twelve witnesses testified in the two-week jury trial, including Dr. Yue, the plaintiff, Steven Springsteel, President and CEO of Chordiant, former and current employees of Chordiant, a representative of a Chordiant customer, and two defense experts, Philip Faillace, Computer Scientist and Presid

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Cosmetic Ideas, Inc. v. IAC/Interactive Corp.; Home Shopping Network, Inc.; HNS, L.P.; HSN General Partner, L.L.C.

Plaintiff-Appellant Cosmetic Ideas, Inc. ("Cosmetic”) appeals the decision of the United States District Court for the Central District of California ("district court”) dismissing its claims against Defendants-Appellees IAC/InteractiveCorp, Home Shopping Network, Inc., HSN LP, and HSN General Partner LLC (collectively, "HSN”) for lack of subject-matter jurisdiction. The district

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Colleen M. Salinger v. Fredrick Colting a/k/a John David California, Windupbird Publishing, Ltd.

Defendants-Appellants Fredrik Colting, Windupbird Publishing Ltd., Nicotext A.B., and ABP, Inc. appeal from an order of the United States District Court for the Southern District of New York (Deborah A. Batts, Judge) granting Plaintiff-Appellee J.D. Salinger's1 motion for a preliminary injunction. The District Court's judgment is VACATED and REMANDED.

BACKGROUND

I.

Salinger pu

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James G. Herman, et al. v. Pella Products, Inc., et al.

Appellant John P. Miller contracted with appellee James G. Herman for the construction of a new home. Herman installed Pella windows in the home as part of that contract, and, according to Miller, the windows have leaked, causing him personal and property damage. He brought this action against Herman, Herman's construction company, James G. Herman & Associates, and Pella Products, Inc. ("Pellaââ‚

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John F. Tamburo v. Steven Dworkin

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants' websites. He al

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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

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JustMed, Inc. v. Michael Byce

At the heart of this case is a dispute over whether a small technology start-up company owns the source code developed for its product. Its informal employment practices raise questions as to whether defendant-appellant Michael Byce was an employee when he developed the source code. After a bench trial, the district court entered judgment and ordered a permanent injunction against Byce, in favor o

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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

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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 distributing Ru

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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 of 12

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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 amoun

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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.

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Architex Association, Inc. v. Scottsdale Insurance Company

¶1. The parties and amici1 assert the matter before this Court is a case of first impression. This Court is called upon to determine whether Architex Association, Inc.'s ("Architex”) intentional hiring or utilization of subcontractors to perform work on one of its projects negates coverage included in the Commercial General Liability ("CGL”) coverage part of three separate "Commercial

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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 o

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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 underst

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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 summary ju

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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 in

More...   $1 (11-15-2009 - CA)

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

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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

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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 seq.

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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 the

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Loril Bryden v. Lackside Ventures, LLC

¶1 Lori Bryden (Bryden) filed suit in the Eleventh Judicial District, Flathead County, after her termination from the Homestead Café Bar and Casino (Homestead Café). The Homestead Café serves as the principal business of Lakeside Ventures, L.L.C., (Lakeside).

The Clerk of Court entered a default judgment against Lakeside. Lakeside filed a motion to quash service, or, in the altern

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