NEW YORK — A federal judge in New York erred in deeming 15 works by Andy Warhol based on an iconic, copyrighted photograph of the late musician Prince a fair use, the Second Circuit U.S. Court of Appeals ruled March 26; in the same decision, the panel went on to find that Warhol’s works — known as the “Prince Series” — are substantially similar to the photograph in question.
MINNEAPOLIS — A statute of limitations affirmative defense to allegations of breach of contract will not be presented at trial, a federal judge in Minnesota ruled March 23, granting Fair Isaac Corp. (FICO) partial summary judgment; in the same opinion, however, the defendants were granted summary judgment on FICO’s related copyright infringement claims.
SAN FRANCISCO — A federal judge in Washington did not err in awarding a defendant accused of copyright infringement attorney fees even though the infringement allegation was later voluntarily dismissed, the Ninth Circuit U.S. Court of Appeals ruled March 18.
NASHVILLE, Tenn. — A federal magistrate judge in Tennessee on March 16 recommended that an award of attorney fees sought by Steve Winwood and a music publisher be denied, even though the singer-songwriter was cleared of allegations that he committed copyright infringement.
BREVARD, N.C. — An anti-phishing software firm filed suit in North Carolina federal court on March 12 against a Dutch company that had been its business partner, asserting trademark and copyright infringement related to computer source code that it says was used to develop new products and that the plaintiff claims belong to it .
NEW YORK — The Second Circuit U.S. Court of Appeals on March 11 set a May 6 argument date for an appeal concerning personal jurisdiction and alter ego liability in a dispute over two websites found to infringe the copyright and trade dress of a graduation apparel company’s website.
SEATTLE — A motion by Zillow Group Inc. for judgment as a matter of law (JMOL) that copyright registrations owned by a real estate photography firm are invalid was denied March 10 by a federal judge in Washington, who instead directed the parties to prepare for an upcoming trial on whether Zillow’s infringement was innocent.
BROOKLYN, N.Y. — A New York federal judge on March 9 ordered a plaintiff who sued a photographer seeking a declaration of no copyright infringement to pay the photographer $750 in damages, the statutory minimum.
DENVER — A Colorado federal magistrate judge on March 8 issued a supplemental stipulated protective order allowing the plaintiff record labels in a copyright infringement suit against an internet service provider (ISP) to conduct their review of Charter Communications Inc.’s computer source code remotely due to restrictions related to the COVID-19 pandemic.
ATLANTA — In a March 3 holding, the 11th Circuit U.S. Court of Appeals left intact a jury’s verdict that a content aggregator incurred liability for copyright infringement when copying and publishing the content of a blog.
NEW YORK — Allegations of copyright infringement against Getty Images US Inc. were correctly rejected by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled March 3, because there is no issue of fact regarding Getty’s license to use various disputed images.
SAN FRANCISCO — A federal judge in Washington did not err in granting a defendant artist and his art studio summary judgment on allegations of copyright infringement or in awarding them $1.6 million in attorney fees for defending against the baseless claims, the Ninth Circuit U.S. Court of Appeals said March 1.
ATLANTA — In a Feb. 23 ruling, the 11th Circuit U.S. Court of Appeals said a federal judge in Florida did not err in rejecting allegations of copyright infringement levied in connection with “The Dark Tower” book series by Stephen King, later adapted into a motion picture.
SAN FRANCISCO — A plaintiff who prevailed at trial on allegations that a competitor infringed its copyrighted take-apart working toy engine was properly granted a request for reimbursement of its attorney fees, even though its related allegations of trade dress infringement and intentional interference with prospective economic advantage were rejected by jurors, the Ninth Circuit U.S. Court of Appeals ruled Feb. 16.
ALEXANDRIA, Va. — On the heels of a judge’s staying execution of a $1 billion judgment against Cox Communications Inc. in a copyright infringement lawsuit brought against it by a group of record labels and music publishers, the internet service provider (ISP) filed a notice on Feb. 10 informing a Virginia federal court that it had appealed the judgment and underlying rulings to the Fourth Circuit U.S. Court of Appeals.
PASADENA, Calif. — A dispute between members of The Turtles and Sirius XM Radio Inc. about licenses and performance rights related to copyrights for sound recordings predating 1972 was heard by the Ninth Circuit U.S. Court of Appeals in oral arguments on Feb. 8, as the parties presented their positions on what rights are conferred to the owners of such recordings under California Civil Code Section 980(a)(2).
SOUTH BEND, Ind. — In a Feb. 8 holding, a federal magistrate judge in Indiana agreed with a copyright infringement defendant that a forum-selection clause in a previous settlement between it and a copyright owner compels transfer of the action to the U.S. District Court for the District of Oregon for further review.
ATLANTA — The 11th Circuit U.S. Court of Appeals on Feb. 10 found no abuse of discretion in a Florida federal judge’s determination that a copyright and trademark dispute over billboard artwork and wording rises to the level of “exceptional,” thereby triggering an award of attorney fees and expert witness costs.
SAN FRANCISCO — In a Feb. 4 holding, a federal judge in California deemed a plaintiff likely to succeed on the merits of its claim that the University of Rhode Island (URI) circumvented various technological measures “to gain unauthorized access” to copyrighted design automation software.
NEW YORK — In a Feb. 9 holding, a federal judge in New York granted dismissal of allegations by a plaintiff that its former employee was unjustly enriched by his formation of a competing company but allowed other allegations to proceed, including causes of action for copyright and trademark infringement.