Mealey's Copyright

  • January 20, 2022

    On Remand, Copyright Defendants Prevail In Software Dispute

    DETROIT — Citing a plaintiff’s failure to serve an expert witness report that the Sixth Circuit U.S. Court of Appeals said was necessary to determine whether software source code is protectable, a federal judge in Michigan on Jan. 18 granted a defendant corporation and its owner summary judgment.

  • January 20, 2022

    Citing First-To-File Rule, New York Federal Judge Transfers Copyright Case

    NEW YORK — A dispute over copyrighted designs for stencils and decals intended to help reduce sensory stimulation in children belongs in Mississippi federal court, a federal judge in New York ruled Jan. 12.

  • January 19, 2022

    Technologists Bring Fight Over DMCA Circumvention To D.C. Circuit

    WASHINGTON, D.C. — The anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) are overly broad and inappropriately criminalize legitimate reasons to circumvent technological protection measures (TPMs) for applications that are protected by the First Amendment to the U.S. Constitution, appellants who filed a declaratory suit over the statute’s constitutionality tell the District of Columbia Circuit U.S. Court of Appeals in a Jan. 12 opening brief, appealing a trial court’s denial of their motion to enjoin enforcement of the provisions.

  • January 18, 2022

    In California Copyright Row, Statutory Damages, Fee Requests Dismissed

    SAN JOSE, Calif. — Although denying a defendant’s request to sever a copyright infringement action over alleged knockoff eSports games into two cases, a federal judge in California on Jan. 13 agreed that two plaintiffs are barred from seeking statutory damages and attorney fees.

  • January 14, 2022

    In Longstanding Copyright Row With Oracle, Rimini Street Held In Contempt

    LAS VEGAS — In a 56-page ruling issued Jan. 12, a federal judge in Nevada said Rimini Street Inc. violated the terms of a permanent injunction barring it from ongoing infringement of Oracle USA Inc. copyrights, entitling Oracle to an award of $630,000 in sanctions.

  • January 12, 2022

    Florida Federal Judge Awards $3.9M In Patent, Copyright, Trademark Row

    MIAMI — In a final default judgment and permanent injunction issued Jan. 11, a federal judge in Florida ordered myriad defendants to pay a plaintiff that makes and sells bowls and mugs developed by a young child with dyslexia more than $3.9 million in connection with their sale of counterfeit goods.

  • January 11, 2022

    Ohio Federal Judge Denies Dismissal Of Patent, Copyright Claims

    CLEVELAND — Although agreeing to dismiss an allegation of unfair competition leveled by a manufacturer of battery chargers and jump starters for motor vehicles, a federal judge in Ohio on Jan. 7 deemed related claims of copyright and patent infringement adequately pleaded.

  • January 11, 2022

    Twitter Appeals Order Requiring It To Identify Anonymous Tweeter

    OAKLAND, Calif. — In a Jan. 7 motion, Twitter Inc. seeks de novo determination of a magistrate judge’s ruling that required it to comply with a subpoena requiring it to identify a social network user who posted several tweets that were seemingly critical of a private equity executive, arguing that the magistrate judge erred in not requiring the petitioning company to demonstrate that it would be harmed if Twitter’s motion to quash the subpoena is granted.

  • January 10, 2022

    Media Exclusion Bars CGL Coverage For Dish Network, 2nd Circuit Affirms

    NEW YORK — The Second Circuit U.S. Court of Appeals on Dec. 22 affirmed a lower federal court’s ruling that a commercial general liability insurer has no duty to defend Dish Network Corp. against an underlying lawsuit because the policy’s media exclusion bars coverage.

  • January 07, 2022

    9th Circuit Undoes Class Certification In Copyright, Bootlegging Case

    SAN FRANCISCO — In a Jan. 3 unpublished ruling, a per curiam panel of the Ninth Circuit U.S. Court of Appeals said a federal judge in California erred in allowing copyright infringement claims against a website that makes available live concert recordings to proceed as a class action.

  • January 04, 2022

    Philips North America Denied Injunction In California Copyright Case

    SACRAMENTO, Calif. — Citing a failure to demonstrate the existence of irreparable harm, a federal judge in California on Dec. 21 denied a request by Philips North America LLC to enjoin a defendant accused of creating a fake login to continue servicing medical equipment in contravention of copyright law.

  • January 04, 2022

    Question Referred To Royalty Board In D.C. Copyright Row

    WASHINGTON, D.C. — A federal judge in the District of Columbia on Dec. 20 asked the Copyright Royalty Board to weigh in on a dispute that poses the question of how “Gross Proceeds” should be interpreted and reported pursuant to board regulations.

  • December 22, 2021

    2nd Circuit:  Dispute Over Counterfeit Light Designs Belongs In Federal Circuit

    NEW YORK — In a Dec. 21 summary order, a panel of the Second Circuit U.S. Court of Appeals transferred to the Federal Circuit U.S. Court of Appeals a challenge by a defendant to a preliminary injunction barring him from selling alleged counterfeit lighting designs.

  • December 16, 2021

    Warhol Paintings, Prince Photo At Issue In Cert Petition Over Copyright Fair Use

    WASHINGTON, D.C. — The owner of Andy Warhol’s “Prince Series” paintings asks the U.S. Supreme Court in a Dec. 9 petition for certiorari to clarify the standard for finding a work of art to be transformative of a copyrighted item, in the context of a fair use defense, asserting that the Second Circuit U.S. Court of Appeals erred in considering only a visual comparison, rather than taking a work’s meaning or message into account.

  • December 16, 2021

    Virginia Federal Judge Tosses Copyright Claims On Jurisdiction Grounds

    NORFOLK, Va. — Allegations that a digital marketplace copied the product categorization system and descriptions from a competitor’s website were dismissed without prejudice on Dec. 14 by a federal judge in Virginia, who said jurisdiction is lacking over a plaintiff’s copyright infringement allegations.

  • December 16, 2021

    YouTube:  Amended Class Complaint In Copyright Row Still Deficient

    SAN FRANCISCO — In a Dec. 13 motion to dismiss, YouTube LLC says the latest filing in an infringement action by a Grammy-winning composer and musician “flouts” a directive from a California federal judge ordering the plaintiff to identify the copyrighted works at issue while also presenting “a potpourri” of other problems.

  • December 16, 2021

    Amici Urge Supreme Court To Decide ‘Game Of Life’ Copyright Ownership Spat

    WASHINGTON, D.C. — Four amicus curiae briefs were filed in the U.S. Supreme Court on Dec. 15 supporting the heirs of an independent contractor who headed up creation of the classic Milton Bradley (MB) board game “The Game of Life,” arguing that the First Circuit U.S. Court of Appeals erred in applying the “instance and expense” test under the Copyright Act of 1909 to a non-employee.

  • December 16, 2021

    In California, Copyright Claims Over ‘Shake It Off’ Will Proceed

    LOS ANGELES — Efforts by Taylor Swift and others to obtain summary judgment on allegations that her hit song “Shake It Off” infringes a copyrighted musical composition were unsuccessful Dec. 9 when a federal judge in California said the defendants’ motion “is really” one for reconsideration of an October 2019 appellate court ruling reinstating the case.

  • December 14, 2021

    Web-Hosting Company Wins Dismissal Of Copyright Infringement Claims

    MIAMI — A federal judge in Florida on Dec. 13 agreed with a web-hosting company that allegations of contributory copyright infringement fail because a plaintiff is unable to demonstrate that the defendant “acted with culpable intent.”

  • December 14, 2021 Can’t Shake Publicity Claims With Preemption Theory

    CHICAGO — A federal judge in Illinois on Dec. 7 said allegations that violated the publicity rights of an Illinois man are not preempted by federal copyright law because the claims target the nonconsensual use of his name and likeness in advertisements for a paid subscription service.

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