PHILADELPHIA — A copyright on a communication protocol used to control fireworks displays is invalid, the Third Circuit U.S. Court of Appeals ruled June 29, vacating a Pennsylvania federal judge’s preliminary injunction in an infringement action.
CINCINNATI — In briefs filed June 8 and 9, the appellees in a copyright infringement suit over computer source code ask the Sixth Circuit U.S. Court of Appeals to affirm a trial court’s noninfringement judgment and its disqualification of the appellant’s expert, arguing that the lower court properly employed the doctrines of merger and scènes à faire and correctly found that the appellant failed to comply with the court’s expert report deadlines.
WASHINGTON, D.C. — Contending that the Paramount Pictures Corp. film “What Men Want” (WMW) infringed the copyright in his screenplay “What the F Is He Thinking?” (WTF), a screenwriter on May 31 filed a petition for a writ of certiorari asking the U.S. Supreme Court to provide guidance on how courts should consider the arrangement of protected and unprotected elements when considering whether two works are substantially similar.
OAKLAND, Calif. — A company seeking to compel Twitter Inc. to provide identifying information about an anonymous social network user failed to demonstrate that the user’s posting of six copyrighted photos as part of an apparent societal commentary did not constitute fair use, a California federal judge ruled June 21, concluding that the movant did not establish a prima facie case of copyright infringement sufficient to outweigh the Twitter user’s right to speak anonymously under the First Amendment to the U.S. Constitution.
TAMPA, Fla. — Allegations of federal unfair competition, common-law trademark infringement and violations of the Digital Millennium Copyright Act were dismissed without prejudice on June 23 by a Florida federal judge, who found that a plaintiff is unable to show that the state’s long-arm statute applies to a resident of Mexico.
WASHINGTON, D.C. —The U.S. Supreme Court in its June 27 order list said it will not review the Eighth Circuit U.S. Court of Appeals’ interpretation of the Architectural Works Copyright Protection Act (AWCPA) in a loss for a group of real estate brokerage firms and agents.
CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 21 found no error in an Illinois federal judge’s determination that a plaintiff’s second copyright infringement lawsuit against Home Box Office Inc. is identical to a previously dismissed state law copyright case against the network and is thus barred by the doctrine of claim preclusion.
WASHINGTON, D.C. — The Second Circuit U.S. Court of Appeals’ finding that Andy Warhol’s “Prince Series” of pictures of the deceased musician infringed the original copyrighted photo on which the series was based reflects a “similarity” fair use standard, the Andy Warhol Foundation for the Visual Arts Inc. (AWF) tells the U.S. Supreme Court in its June 10 opening merits brief, asking the high court to affirm the long-held transformative standard for determining fair use.
BALTIMORE — A Maryland statute that would require publishers to offer libraries a license to e-books and audiobooks on “reasonable terms” that are also made available to the public is invalid, a federal judge in Maryland ruled June 13.
NEW YORK — The managing member of the company that produced “Mafietta” was barred from seeking copyright protection for a photograph she took on the set of the film, when a federal judge in New York on June 13 instead ruled that the image belongs to the author of the novella upon which the film is based.
SAN FRANCISCO — A trial court’s finding of willful copyright infringement and its issuance of a $1,927,200 damages award cannot stand, Zillow Group Inc. tells the Ninth Circuit U.S. Court of Appeals in its May 31 opening appellant brief, in light of the requirement of Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC that a work be registered prior to initiating infringement litigation.
SALT LAKE CITY — A motion to dismiss copyright infringement allegations on grounds of claim-splitting failed June 9, when a federal judge in Utah instead ruled the case should proceed.
ASHEVILLE, N.C. — In an order issued June 9, a federal judge in North Carolina said a copyright and trademark infringement defendant’s repeated defiance of an injunction justifies an award of $335,000 in sanctions.
NEW YORK — In a May 31 summary order, the Second Circuit U.S. Court of Appeals found no error in a New York federal judge’s determination that a copyright infringement plaintiff was on notice of a dispute over ownership in 2015 more than three years before filing an amended complaint.
LOS ANGELES — A denial of a motion for summary judgment that asserted that an infringement plaintiff could not demonstrate a causal nexus between the alleged copyright infringement and the profits for two films was in error, a federal judge in California ruled June 8.
SAN FRANCISCO — In a June 7 ruling, the Ninth Circuit U.S. Court of Appeals said a California federal judge did not err in granting Sony Music Entertainment and two defendants summary judgment on allegations that they infringed the sound recording and musical composition copyright to the beat track “Shawty So Cold.”
WASHINGTON, D.C. — The Eighth Circuit U.S. Court of Appeals’ interpretation of the Architectural Works Copyright Protection Act (AWCPA) is “indefensible,” a group of real estate brokerage firms and agents tell the U.S. Supreme Court in a June 8 reply brief supporting their petition for certiorari in which they ask the high court to provide guidance on whether floor plans constitute protectable items under the statute.
NASHVILLE, Tenn. — Although recommending a reduction in the amount requested, a federal magistrate judge in Tennessee on June 6 said a prevailing copyright infringement plaintiff is entitled to reimbursement of her attorney fees in a dispute over dog breed illustrations.
CLEVELAND — An Ohio federal judge on May 20 denied a man’s motion to exclude a video game company’s expert witness who conducted a survey on why consumers purchased a video game that the man alleges contains his copyrighted materials, finding that his objections are best resolved through cross-examination.
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on May 19 upheld a preliminary injunction barring the sale of allegedly counterfeit e-cigarette and vaping products, rejecting a copyright infringement and unfair competition defendant’s claim that certain tetrahydrocannabinol (THC)-containing products cannot be trademarked or copyrighted because THC is unlawful under federal law.