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Mealey's Copyright

January 18, 2023
Dismissal Of Copyright Case For Lack Of Prosecution Upheld By Panel

PHILADELPHIA — A supermarket accused of copyright infringement in connection with its use of various food photographs was correctly granted dismissal, the Third Circuit U.S. Court of Appeals has ruled, because although the advertising agency that owns the images ultimately fired its oft-sanctioned counsel and retained new representation, “it is inconceivable” that the agency was unaware of its former counsel’s “history of malfeasance.”
January 18, 2023
High Court Denies Cert, Won’t Weigh In On Challenge To DMCA

WASHINGTON, D.C. — In its Jan. 17 orders list, the U.S. Supreme Court denied a petition for writ of certiorari that sought clarification on the necessary elements to bring a claim under the Digital Millennium Copyright Act (DMCA) for removal of copyright management information (CMI).
January 18, 2023
Supreme Court Denies Cert In Copyright Row Over Crocheted Bikini

WASHINGTON, D.C. — The U.S. Supreme Court has denied a petition for a writ of certiorari by a bikini designer whose copyright infringement lawsuit was dismissed as time-barred.
January 12, 2023
N.Y. Copyright Claim By ‘Seasoned Litigator’ Dismissed As Untimely

NEW YORK — A federal judge in New York on Jan. 10 tossed as time-barred allegations of direct copyright infringement leveled by a photographer over images of the late rapper Christopher Wallace, better known as the Notorious B.I.G.
January 11, 2023
Panel Affirms: Contract Claims Over ‘Woz U’ Preempted By Copyright

SAN FRANCISCO — An Arizona federal judge’s grant of judgment on the pleadings in favor of Apple co-founder Steve Wozniak on claims for money had and received in connection with the coding boot camp “Woz U” was affirmed Jan. 10 by the Ninth Circuit U.S. Court of Appeals, which agreed that the request is preempted by federal copyright law.
January 11, 2023
Copyright Claims Over Ice-Filled Hockey Puck Dismissed In Pennsylvania

PHILADELPHIA — Allegations that Fanatics Inc. incurred liability for copyright infringement by producing and selling puck-shaped hockey memorabilia filled with melted ice from high-profile hockey games were dismissed without prejudice by a federal judge in Pennsylvania on Jan. 10.
January 10, 2023
11th Circuit Won’t Revive Pro Se Copyright Plaintiff’s Case A 2nd Time

ATLANTA — Allegations that a news organization incurred copyright liability for distributing two articles without the author’s permission were properly rejected on summary judgment, the 11th Circuit U.S. Court of Appeals has held.
January 06, 2023
Photo Distributor Waives Response To Cert Petition Over Copyright Info Removal

WASHINGTON, D.C. — After prevailing in the 11th Circuit U.S. Court of Appeals over claims that it violated the Digital Millennium Copyright Act (DMCA) by stripping photographers’ copyright management information (CMI) from pictures that it licensed to third parties, a photo distributor filed a notice with the U.S. Supreme Court that it was waiving its right to respond to a petition for certiorari from a photography company asking the high court to clarify the necessary elements to bring a CMI violation under the statute.
January 04, 2023
In Texas Architectural Copyright Row, Fair Use, Originality Claims Survive

SAN ANTONIO — Although rejecting a copyright infringement defendant’s assertion that it possessed an implied license to use an architectural firm’s renderings and floorplans, a federal judge in Texas on Jan. 2 denied the firm’s motion for summary judgment on the questions of fair use, copyright originality and more.
January 03, 2023
Copyright Claims By Reggae Artist Dismissed By New York Federal Judge

NEW YORK — Efforts by a record label to obtain dismissal of allegations that it infringed the copyrighted recordings of Shauna McKenzie-Morris, who performs as Etana, succeeded Dec. 30 when a federal judge in New York said the plaintiff fails to distinguish between registered and unregistered works in her complaint.
January 03, 2023
Copyright, Trademark Claims Over Fudge Recipe Tossed In Pennsylvania

PITTSBURGH — A federal magistrate judge in Pennsylvania ruled that although copyright and trademark infringement allegations by a fudge maker against his former wife fail, genuine issues of material fact preclude summary judgment on the question of whether reasonable measures were taken to protect a disputed fudge recipe.
January 03, 2023
Mural Creator Prevails, In Part, In New York Copyright Litigation

NEW YORK — A federal magistrate judge in New York awarded an artist summary judgment that Diesel Power Gear LLC — a company associated with the “Diesel Brothers” Discovery Channel television show — infringed a copyrighted mural but denied summary judgment in all other respects, including allegations that the show’s stars are directly, vicariously and contributorily liable.
December 16, 2022
Texas Federal Judge Transfers Intellectual Property Row Sua Sponte

AUSTIN, Texas — Allegations of patent, copyright and trademark infringement leveled against more than 600 defendants over the sale of alleged counterfeit animal brushes belong in California, a Texas federal judge ruled sua sponte on Dec. 15.
December 15, 2022
Inclusion By Actress Of Clips In Acting Reel Was A Fair Use, Panel Rules

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals said an actress properly prevailed on allegations of copyright infringement by the director of a film in which the actress starred.
December 13, 2022
‘Shake It Off’ California Federal Copyright Case Ends In Settlement

LOS ANGELES — Just weeks away from a planned jury trial, the authors of the musical work “Playas Gon’ Play” reached a settlement with Taylor Swift, author of the hit song “Shake It Off,” according to a stipulation by the parties and order by a California federal judge on Dec. 12.
December 12, 2022
Motion To Dismiss Copyright Claims Granted; Visual Artist Given Leave To Amend

LOS ANGELES — A federal judge in California has dismissed allegations that a rapper performing as Lil’ Nas X infringed the copyright of a visual artist when he published a series of photographs that allegedly “mimicked” the plaintiff’s work.
December 12, 2022
Supreme Court Asks United States To Brief Question Of Copyright Preemption

WASHINGTON, D.C. — In its Dec. 12 orders list, the U.S. Supreme Court invited the solicitor general to weigh in on a contractual dispute between a song lyrics website and Google LLC, which the Second Circuit U.S. Court of Appeals said is preempted by copyright.
December 09, 2022
California Copyright Case Dismissed Pursuant To Extraterritoriality Bar

LOS ANGELES — A plaintiff’s second attempt to obtain relief for alleged copyright infringement that occurred entirely in Japan failed when a California federal judge again granted dismissal without leave to amend.
December 08, 2022
Panel Upholds Dismissal Of Trademark Action, But Reinstates Copyright Claim

SAN FRANCISCO — A federal judge in California wrongly granted Yahoo! Inc. dismissal of allegations of copyright infringement leveled over the display of photographs even after Yahoo’s agreement with the creator of the photos was terminated, the Ninth Circuit U.S. Court of Appeals ruled.
December 07, 2022
Lanham Act Claim Fails, But Copyright Claim Survives Dismissal Bid

CHICAGO — A group of defendants who are among the few to not settle copyright infringement and false designation of origin claims by the maker of the “Fidget Cube” saw their efforts to obtain dismissal rejected in part by an Illinois federal judge.
December 07, 2022
D.C. Circuit Rejects Free Speech Challenge To DMCA By Coders

WASHINGTON, D.C. — A denial of a request for injunctive relief by two authors of computer code that circumvents various technological protection measures (TPMs) intended to prevent copyright infringement was upheld Dec. 6 by the District of Columbia Circuit U.S. Court of Appeals.
December 06, 2022
Oregon Federal Magistrate Judge Tosses Copyright, Lanham Act Claims Over Books

PORTLAND, Ore. — A federal magistrate judge in Oregon on Dec. 5 granted dismissal of copyright infringement and unfair competition claims leveled over the book “Why God Doesn’t Exist,” finding among other things that the Lanham Act “does not provide a cause of action for unattributed copying.”
December 05, 2022
Missouri Federal Magistrate Judge: Fair Use Defense Is Premature

ST. LOUIS — A federal magistrate judge in Missouri refused to address the merits of a fair use affirmative defense to allegations of copyright infringement, deeming the matter “inappropriate for determination at the motion to dismiss stage.”
December 01, 2022
Photographer Asks 9th Circuit To Restore Per-Photo Award Over Zillow’s Online Use

SAN FRANCISCO — Maintaining its stance that copyrighted real estate photos that Zillow Group Inc. posted on its website without permission do not qualify as a compilation, a photography company in its cross-reply brief asks the Ninth Circuit U.S. Court of Appeals to affirm a jury’s statutory damages award of $1,500 per individual infringed work.
November 30, 2022
Dismissal Of Copyright, Trademark Claims Over Board Game Denied

CHICAGO — Allegations that two defendants created a fully interactive website to sell counterfeit versions of the “Match Madness” pattern matching board game will proceed, a federal judge in Illinois ruled.