1. Nova Design Build, Inc. v.
Grace Hotels, LLC, No. 10-1738, UNITED STATES COURT OF APPEALS FOR THE
SEVENTH CIRCUIT, 2011 U.S. App. LEXIS 15371, October 27, 2010, Argued, July 26,
2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: A
building designer's claim of copyright infringement against a hotel company for
using designs without permission to construct a hotel failed because the
designs were, for the most part, based on the hotel's prototype, and the
aspects of the designs that went beyond the prototype were insufficiently
original to qualify for copyright protection.
CORE TERMS: protectable,
Copyright Act, infringement, architectural, summary judgment, hard copies, bona
fide, original designs, registration, originality ...
2. Spooner v. EEN, Inc.,
No. 10-2393, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 2011 U.S.
App. LEXIS 13650, July 5, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: A
district court's award of attorneys' fees in a copyright infringement case was
affirmed because it had properly used the lodestar approach, and the infringers
could not rely on Fed. R. Civ. P. 68 to get the amount reduced since their $
20,000 offer of settlement had not been made pursuant to Rule 68.
CORE TERMS: attorneys'
fees, fee award, fee request, lodestar, prevailing party, settlement, Copyright
Act, statutory damages, settlement offer, award of attorneys' fees ...
3. Warner Bros. Entm't, Inc.
v. X One X Prods., No. 10-1743, UNITED STATES COURT OF APPEALS FOR THE
EIGHTH CIRCUIT, 2011 U.S. App. LEXIS 13646, February 24, 2011, Submitted, July
5, 2011, Filed [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Products
that reproduced in two dimensions any one portion of an image from any one item
of publicity material could not be enjoined because images from film publicity
materials which entered public domain prior to the 1976 Copyright Act, 17
U.S.C.S. § 101 et seq., could be licensed without infringing upon the
copyrights to the films themselves.
CORE TERMS: film,
publicity, public domain, poster, visual, movie, gone, summary judgment,
distinctive, photograph ...
4. Marvel Worldwide, Inc. v.
Kirby, 10 Civ. 141 (CM)(KNF), UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK, 2011 U.S. Dist. LEXIS 82868, July 28, 2011, Decided, July
28, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: artist,
hire, comic book, heirs', declaration, freelance, work-for-hire, summary
judgment, artwork, legend ...
5. Flava Works, Inc. v. Gunter,
No. 10 C 6517, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
ILLINOIS, EASTERN DIVISION, 2011 U.S. Dist. LEXIS 82955, July 27, 2011,
Decided, July 27, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: video,
user, infringer', repeat, site, copyright infringement, notice, infringing,
infringement, posted ...
6. Seoul Broad. Sys. Int'l v.
Young Min Ro, 1:09cv433 (LMB/IDD), UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 2011 U.S. Dist. LEXIS 82377,
July 26, 2011, Decided, July 27, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: video,
infringement, copyright infringement, programming, licensing, statutory
damages, infringing, unauthorized, severally, jointly ...
7. Rundquist v. Vapiano SE,
Civil Action No. 09-2207 (BAH), UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF COLUMBIA, 2011 U.S. Dist. LEXIS 78781, July 20, 2011, Decided [enhanced version
available to lexis.com subscribers]
CORE TERMS: vapiano,
restaurant, infringement, personal jurisdiction, Copyright Act, photographs,
acts of infringement, website, subject matter jurisdiction, discovery ...
8. McCants v. Tolliver,
CASE NO. 1:11 CV 0664, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
OF OHIO, 2011 U.S. Dist. LEXIS 77841, July 14, 2011, Decided, July 15, 2011,
Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: song,
registration, music, Copyright Act, infringement, co-author, copyrighted,
discovery--, oral agreement, ownership ...
9. Dataworks, LLC v. Commlog,
LLC, Civil Action No: 09-CV-00528-WJM-BNB, UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLORADO, 2011 U.S. Dist. LEXIS 75606, July 13, 2011, Decided,
July 13, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: logs,
ownership, genuine, summary judgment, copyrightable, registration, manager's,
log books, copyright infringement, material fact ...
10. Brownmark Films, LLC v.
Comedy Partners, Case No. 10-CV-1013, UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF WISCONSIN, 2011 U.S. Dist. LEXIS 72684, July 6, 2011,
Decided, July 6, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: video,
fair use, co-owner, episode, copyrighted, license, Copyright Act,
non-exclusive, affirmative defense, infringement ...
....
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