Copyright infringement Law
 
CHERYL SMITH v. BARNES AND NOBLE.COM, LLC

The plaintiff is the widow of Louis K. Smith, who authored and copyrighted a book entitled The Hardscrabble Zone (“Hardscrabble”).  In 2009, Mr. Smith contracted with Smashwords, Inc. (“Smashwords”), an online ebook distributor, to market his book.  One relevant term of the agreement provided:
6d. Promotional Rights. Smashwords shall have the right to distribute samples of the Work in any form

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Christopher James Holder v. The State of Texas

On the evening of Sunday, November 11, 2012, the Plano Police Department responded
to a call about a possible burglary at 3121 Royal Oaks Drive, Plano, Texas, where they found
fifty-year-old Billy Tanner deceased in his home. He had sustained blunt force trauma to the
head and multiple stab wounds.
In the summer of 2012, Billy Tanner’s step-daughter, Casey James, her two child

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Tiffany & Company and Tiffany (NJ) LLC v. Costco Wholesale Corp

New York, NY - Costco Ordered To Pay Tiffany $5.5 Million For Selling Fake Merchandise

Tiffany & Company sued Costco Wholesale Company on a trademark infringement theory under 15 U.S.C. 1051 claiming that Costo sold counterfeit Tiffany diamond engagement rings.

The Court ruled, before trial, that Costco willfully infringed Tiffany's trademark by selling rings bearing the luxury

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SSTATE OF NEW JERSEY, Plaintiff-Respondent, v. VIRGIL SUGGS, a/k/a MALIK SUGGS, a/k/a MALIK HINTON, a/k/a VIRGIL L. SUGGS, a/k/a VIRGIL M. SUGGS

The following facts were elicited during defendant's seven
day jury trial. On October 1, 2012, at around 11:28 p.m., two
women, Bronique McLeod and S.B., and two men, P.S. and R.P.,
were going to a club in Irvington.1 S.B. was driving a minivan
with McLeod in the front passenger seat, P.S. sitting behind
S.B., and R.P. sitting behind McLeod.
While stopped at a red

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United States of America v. Daniel Nathan West

Houston, TX - Accountant Convicted of Embezzling More than $3 Million from Houston Company

An accountant from Georgia admitted he committed wire fraud and stole more than $3 million from Houston company Airis International Holdings.

Daniel Nathan West, 50, of Duluth, Georgia, was previously employed as the treasurer and chief financial officer for Airis International Holdings. In

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United States of America v. Chad Wayne Hogan

Beaumont, TX - Former Orange County Detective Guilty in HUD Fraud Scheme

A 47-year-old former Orange County Sheriff’s Detective has pleaded guilty to federal violations in the Eastern District of Texas.

Chad Wayne Hogan, of Orange, Texas, pleaded guilty to an Information charging him with money laundering today before U.S. Magistrate Judge Keith Giblin.

Acco

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John W. Terry v. State of Ohio

This case presents serious questions concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and the policeman investigating suspicious circumstances.

Petitioner Terry was convicted of carrying a concealed weapon and sentenced to the statutorily prescribed term of one to three years in the penitentiary. 1 Following the denial of a pret

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United States of America v. Juan Carlos Medina Cardenas

Miami, FL - Colombian Citizen Sentenced for his Participation in an International Money Laundering Conspiracy

A Colombian citizen was sentenced to 30 months in prison, to be followed by two years of supervised release for his participation in an international money laundering conspiracy.

Juan Carlos Medina Cardenas, 46, previously pled guilty to one count of conspiracy to commit

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State of Tennessee v. Charles Beaty

On February 12, 2013, the defendant was indicted for one count of rape of a child occurring between May 1, 2006, and September 1, 2006 in case number 13-00596. The defendant apparently filed a motion to dismiss some months after he was indicted, and the trial court held two hearings on the motion in November 2013, close to the time the case was set for trial.
During the hearings, the def

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Raymond D. Tempest, Jr. v. State of Rhode Island

The facts of this case are altogether tragic, and the travel is anything but lackluster. We
recite only those facts that are relevant to the instant appeal, and so invite the reader to consult
our opinion in State v. Tempest, 651 A.2d 1198 (R.I. 1995) for a more detailed discussion. On February 19, 1982, at approximately 3:20 p.m., fifteen-year-old Lisa LaDue (LaDue)2
came home t

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North Carolina State Conference of the NAACP v. Patrick L. McCrory

These consolidated cases challenge provisions of a recently enacted North Carolina election law. The district court rejected contentions that the challenged provisions violate the Voting Rights Act and the Fourteenth, Fifteenth, and TwentySixth Amendments of the Constitution. In evaluating the massive record in this case, the court issued extensive factual findings. We appreciate and commend t

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STATE OF KANSAS v. JEROLD MICHAEL DUNN

During a break in their on-again-off-again relationship, defendant Dunn and Tracy Shaw, who had obtained a protection order against Dunn, encountered one another at a bank in Parsons. Shaw visited the bank daily as part of her job as a courier. According to bank employees, Dunn had been wandering around outside the bank before Shaw's arrival, and he eventually entered the bank, inquired about open

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Raymond D. Tempest, Jr. v. State of Rhode Island

The facts of this case are altogether tragic, and the travel is anything but lackluster. We
recite only those facts that are relevant to the instant appeal, and so invite the reader to consult
our opinion in State v. Tempest, 651 A.2d 1198 (R.I. 1995) for a more detailed discussion. On February 19, 1982, at approximately 3:20 p.m., fifteen-year-old Lisa LaDue (LaDue)2
came home t

More...   $0 (07-15-2016 - RI)

State of Tennessee v. Lindsey Brooke Lowe

The defendant was interviewed by police and ultimately gave a statement in which she admitted placing her hand over each baby‟s mouth in order to stifle the child‟s cry. Prior to trial, the defendant moved to suppress her statement.
On November 5, 2012, the trial court held a hearing during which the State presented the testimony of Detective Steve Malach, who had obtained the

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STATE OF LOUISIANA Vs. CHRISTOPHER J. BELL

On August 26, 2011, Lionel Williams was shot and killed at East Shore Park
in New Orleans. At the time of the shooting, there was a crowd of people at the
park for a party. Approximately three months after the shooting, Siera Whitley met
with a federal agent and gave a statement regarding what she had witnessed on the
day of the shooting. At that time, Ms. Whitley identified

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STEPHANIE GRAY & others1 vs. ATTORNEY GENERAL & another

The common core standards were developed
in 2009 as part of a State-led initiative that included
governors and commissioners of education from forty-eight
States, two territories, and the District of Columbia working as
members of the National Governors Association Center for Best
Practices and the Council of Chief State School Officers. The
purpose of the initiative

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State of Nebraska v. Keenon A. Robertson

After a jury trial, Robertson was convicted of one count of discharging a firearm at an inhabited house, occupied building, or occupied vehicle and one count of use of a weapon to commit a felony. He was sentenced to a total of 25 to 60 years’ imprisonment.
Robertson filed a direct appeal and was appointed different counsel. The Nebraska Court of Appeals affirmed his convictions and sentences.

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Michael Skidmore v. Led Zeppelin, et al.

Los Angeles, CA - Michael Skidmore, a trustee for the songs of Randy Wolfe, a member of the band Spirit, sued Led Zeppelin, James Patrick Page, John Paul Jones, Robert Anthony Plant and others on copyright violation theories claiming that the defendants stole the opening riff of "Stairway to Heaven."

The defendants denied wrongdoing.

Some Court Docket Entries:

Date File

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Tom Iles White, III v. The State of Texas

The complainant in this case, A.L., was appellant’s stepdaughter. She was thirteen years
old at the time of trial. A.L. testified that appellant began showing her pornography when she
was four years old. As she got older, appellant progressed to touching her, kissing her and,
eventually, to sexual contact. On occasions, appellant would show A.L. pornography and then
force h

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United States v. Ganias

In August 2003, agents of the U.S. Army Criminal Investigation Division
(“Army CID”) received an anonymous tip that Industrial Property Management
(“IPM”), a company providing security for and otherwise maintaining a
government-owned property in Stratford, Connecticut, pursuant to an Army
contract, had engaged in misconduct in connection with that work. In particular,
the

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Oracle America, Inc. v. Google, Inc.

San Francisco, CA - Jury Finds in Favor of Google on Patent Infringement Claims by Oracle

Oracle sued Google on patent infringement claim theories seeking $9 billing in damages. The case focused on 39 application programming interfaces that Google included in its Android operating system in 2009. The APIs that Google used were for Java.

The Java APIs were open-source, free for

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State of New Jersey v. James R. Denelsbeck

In this appeal, we consider whether a defendant is entitled
to a jury trial when facing a third or subsequent driving while
intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This
Court previously answered that question in the negative, over
twenty-five years ago, in State v. Hamm, 121 N.J. 109, 130
(1990), cert. denied, 499 U.S. 947, 111 S. Ct. 1413, 113 L. Ed.

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STATE OF KANSAS v. HENRY PETERSEN-BEARD

Petersen-Beard pled guilty to and was convicted of one count of rape for having sexual intercourse with a 13-year-old girl when he was 19 years old. Prior to sentencing, he filed motions asking the district court to depart from the presumptive guidelines sentence and to declare KORA's requirement of lifetime registration unconstitutional under § 9 of the Kansas Bill of Rights and the Eighth Amendm

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ROGER DAVIS v. THE OKLAHOMA DEPARTMENT OF CORRECTIONS

Davis was convicted in Indiana on October 8, 1997, and sentenced to five years in prison for the crime of "Lewd or Indecent Proposals/Acts to a Child." That crime is one requiring registration with the Department of Corrections by any person subject to the Registration Act. 57 O.S. Supp. 2010 § 582.2 After serving less than two years of his Indiana sentence, Davis was released from prison. He ente

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CRAIG E. OLIVER v. STATE OF KANSAS

The State charged Craig Oliver with several off-grid person felony crimes: aggravated indecent liberties with a child and two counts of rape of a child under 14 years of age. The State also brought charges of four counts of rape by force or fear, a severity level 1, person felony. Oliver pled guilty to one count of rape by force or fear and one count of aggravated sexual battery, a severity leve

More...   $0 (04-19-2016 - KS)

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Kent Morlan, Esq.
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