1. United
Fabrics Int'l, Inc. v. C&J Wear, Inc., No. 09-56499, UNITED STATES
COURT OF APPEALS FOR THE NINTH CIRCUIT, 2011 U.S. App. LEXIS 1567, November 2,
2010, Argued and Submitted, Pasadena, California, January 26, 2011, Filed [enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law]
OVERVIEW:
Dismissal of a
copyright infringement action was improper because, as the copyright claimant,
the owner was presumed to own a valid copyright, pursuant to 17 U.S.C.S. §
410(c), and the facts stated therein, including the chain of title in the
source artwork, were entitled to presumption of truth. Defendants failed to
rebut presumption of validity.
CORE
TERMS: collection,
fabric, rebut, registration, infringement, registered, claimant, invalid,
artwork, quotation marks omitted ...
2. Kwan v.
Schlein, Docket No. 09-5205-cv, UNITED STATES COURT OF APPEALS FOR THE
SECOND CIRCUIT, 2011 U.S. App. LEXIS 1457, October 14, 2010, Argued, January
25, 2011, Decided [enhanced version / unenhanced version]
OVERVIEW:
District court did
not abuse its discretion in granting defendants' Fed. R. Civ. P. 41(a) motion
to dismiss their counterclaims without prejudice based solely on the finding
that plaintiff would suffer no legal prejudice from the granting of the motion;
defendants could renew their counterclaims only on plaintiff's action.
CORE
TERMS: counterclaim,
ownership, edition--, infringement, summary judgment, time-barred, ownership
claim, editor, editing, royalties ...
3. Hyperquest,
Inc. v. N'Site Solutions, Inc., Nos. 08-2257, 08-3979 & 08-4176, UNITED
STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, 2011 U.S. App. LEXIS 958,
April 20, 2010, Argued, January 19, 2011, Decided [enhanced version / unenhanced version]
OVERVIEW:
Companies were
entitled to judgment in their favor because the licensee was not the legal or
beneficial owner of an exclusive right under the Copyright Act, 17 U.S.C.S. §
501(b) and thus, the licensee did not have the kind of interest in the software
that it needed in order to be entitled to bring the suit for copyright
infringement.
CORE
TERMS: license,
software, exclusive right, copyrighted, derivative, infringement, Copyright
Act, non-exclusive, exclusivity, distribute ...
4. Barefoot
Architect, Inc. v. Bunge, Nos. 09-4495 & 09-4600, United States Court
of Appeals for the Third Circuit, 2011 U.S. App. LEXIS 701, December 16, 2010,
Submitted Pursuant to Third Circuit L.A.R. 34.1(a), January 14, 2011, Filed [enhanced version / unenhanced version]
OVERVIEW:
Where there was no
dispute between the transferor and the transferee, a third-party infringer
could not evade liability by invoking 17 U.S.C.S. § 204(a) and demanding a
contemporaneously drafted instrument to prove a transfer. Plaintiff's evidence,
however, did not permit a conclusion that an oral transfer had occurred.
CORE
TERMS: counterclaim,
summary judgment, ownership, supplemental jurisdiction, diversity, orally,
"statute of frauds", license, causes of action, breach of contract
...
5. Capitol
Specialty Ins. v. Indus. Elecs., LLC, No. 09-6368, UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT, 11a0027n.06;, 2011 U.S. App. LEXIS 659;
2011 FED App. 0027N (6th Cir.), January 12, 2011, Filed, NOT RECOMMENDED
FOR FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 28 LIMITS CITATION TO SPECIFIC
SITUATIONS. PLEASE SEE RULE 28 BEFORE CITING IN A PROCEEDING IN A COURT IN THE
SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER PARTIES AND THE COURT.
THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED. [enhanced version / unenhanced version]
OVERVIEW:
Where a former
employer sued an employee and his new employer, the new employer's insurer owed
no duty to defend or indemnify the new employer or its employee in the underlying
lawsuit because the breach of contract exclusion in the commercial general
liability policy excluded coverage for all of the underlying claims.
CORE
TERMS: breach
of contract, coverage, customer, advertising injury, trade secrets,
advertising, insured, summary judgment, proprietary, ambiguity ...
6. Gray v.
Novell, Inc., No. 09-11374, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT, 2011 U.S. App. LEXIS 413, January 7, 2011, Decided, January 7, 2011,
Filed, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1
GOVERNING THE CITATION TO UNPUBLISHED OPINIONS. [enhanced version / unenhanced version]
OVERVIEW:
Trademark owner's
exclusive license to a licensee, an Asset Purchase Agreement with a purchaser,
and later documents, all confirmed assigning ownership to the licensee, so the
licensee was the true owner and its opposition to a mark applicant's
registration was not fraudulent; summary judgment to the owner, licensee, and
purchaser, was affirmed.
CORE
TERMS: trademark,
licensing agreement, ownership, registration, transferred, summary judgment,
licensing, license, source-code, licensed ...
7. UMG
Recordings, Inc. v. Augusto, No. 08-55998, UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, 2011 U.S. App. LEXIS 52, June 7, 2010, Argued and
Submitted, Seattle, Washington, January 4, 2011, Filed [enhanced version / unenhanced version]
OVERVIEW:
Sales of promotional
CDs obtained from the original recipients did not constitute copyright
infringement because the first sale doctrine under 17 U.S.C.S. § 109(a)
applied; the CDs were sent to the recipients as unordered merchandise, so the
recipients could dispose of them as they saw fit pursuant to 39 U.S.C.S. §
3009.
CORE
TERMS: recipient,
license, promotional, merchandise, unordered, software, dispose, phonorecord,
licensing, effected ...
8. Am. Bd.
of Internal Med. v. Anastassia, CIVIL ACTION NO. 10-CV-2678, UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2011 U.S. Dist. LEXIS
9717, January 31, 2011, Decided, February 1, 2011, Filed [enhanced version / Non-subscribers can access Federal Case Law, Codes, Shepard's®
Citations, Administrative, Legislative, and Secondary Sources using LexisNexis'
Research Value Package]
CORE
TERMS: personal
jurisdiction, internal medicine, trade secrets, copyrighted, email, exam,
candidate's, jurisdictional, discovery, certification ...
9. Shannon's
Rainbow LLC v. Supernova Media, Inc., Case No. 2:08-CV-880 TS, UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION, 2011 U.S.
Dist. LEXIS 9275, January 31, 2011, Decided, January 31, 2011, Filed [enhanced version / Non-subscribers can access Federal Case Law, Codes, Shepard's®
Citations, Administrative, Legislative, and Secondary Sources using LexisNexis'
Research Value Package]
CORE
TERMS: diversity,
Copyright Act, causes of action, matter jurisdiction, predicate acts, factual
allegations, dissemination, distribute, exclusive right, citizenship ...
10. J
& J Sports Prods. v. Lemus, Case No.: 1:10-cv-02085 OWW JLT, UNITED
STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, 2011 U.S. Dist.
LEXIS 8383, January 28, 2011, Decided, January 28, 2011, Filed [enhanced version / Non-subscribers can access Federal Case Law, Codes, Shepard's®
Citations, Administrative, Legislative, and Secondary Sources using LexisNexis'
Research Value Package]
CORE
TERMS: default
judgment, conversion, establishment, broadcast, enhanced, signal, piracy,
statutory damages, awarding, Communications Act ...
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