1. UMG Recordings, Inc. v.
Shelter Capital Partners, LLC, No. 09-55902, No. 09-56777, No. 10-55732, UNITED
STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2011 U.S. App. LEXIS 25168, May
6, 2011, Argued and Submitted, Pasadena, California, December 20, 2011, Filed [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Safe
harbor of 17 U.S.C.S. § 512(c) precluded copyright infringement by an operator
of a publicly accessible website since users downloaded copyrighted songs by
reason of the operator's storage, the use of the system did not by itself
establish knowledge of infringement, and the operator had no ability to control
infringing activity.
CORE TERMS: veoh,
provider, infringing, video, user's, infringement, safe harbor, investor,
ability to control, storage ...
2. Dassault Systemes, SA v.
Childress, No. 10-1987, UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT, 11a0309p.06;, 2011 U.S. App.
LEXIS 24582; 2011 FED App. 0309P (6th Cir.), December 13, 2011, Decided,
December 13, 2011, Filed [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Balance
of the factors was insufficient to support the district court's refusal to set
aside the entry of default; defendant met his burden of demonstrating a
possibly meritorious defense, and even if there were some culpability on
defendant's part, there was not evidence to support an intent to thwart
judicial proceedings.
CORE TERMS: default
judgment, grand jury investigation, default, software, subpoena, license, entry
of default, training, quotation marks omitted, infringement ...
3. Patrick Collins, Inc. v. Doe,
CIVIL ACTION NO: 11-cv-7247, UNITED STATES DISTRICT COURT FOR THE EASTERN
DISTRICT OF PENNSYLVANIA, 2011 U.S. Dist. LEXIS 149753, December 30, 2011,
Decided, December 30, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: registration,
copyright infringement, infringement, registered, subpoena, user, trademark
infringement, internet, movie, good cause ...
4. Levine v. Landy, 1:11-CV-1038,
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK, 2011 U.S.
Dist. LEXIS 149712, December 30, 2011, Decided, December 30, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: photograph,
infringement, Copyright Act, copyright infringement, statutory damages,
attorneys' fees, preempted, registration, Lanham Act, unfair competition ...
5. A to Z Machining Serv., LLC v.
Nat'l Storm Shelter, LLC, No. CIV-10-422-C, UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA, 2011 U.S. Dist. LEXIS 149387, December 29,
2011, Decided, December 29, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: patent,
shelter, infringement, lid, summary judgment, notice, registration, roller,
storm, pre-suit ...
6. DFSB Kollective Co., Ltd. v.
Tran, Case No.: 11-CV-01049-LHK, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2011 U.S. Dist. LEXIS 147538,
December 21, 2011, Decided, December 21, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: website,
default judgment, infringing, copyright infringement, infringement, music,
forum state, copyrighted, injunction, user ...
7. Pennoni Assocs. v. Medford
Vill. East Assocs., LLC, Civ. A. No. 11-939 (NLH)(KMW), UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF NEW JERSEY, 2011 U.S. Dist. LEXIS 146012, December
20, 2011, Decided, December 20, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: ownership,
declaratory judgment, engineering, matter jurisdiction, federal question,
Copyright Act, exercise jurisdiction, declaration, quotation, maps ...
8. Ellis v. Wyclef Jean &
Sony Music Holdings, Inc., 10 Civ. 8837 (LMM), UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK, 2011 U.S. Dist. LEXIS 146700, December 16,
2011, Decided, December 16, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: amend,
summary judgment, music, song, registration, citations omitted, similarity,
copyright infringement, copying, lyrics ...
9. Leonard v. Stemtech Health
Scis., Inc., Civ. Action No. 08-067-LPS-CJB, UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF DELAWARE, 2011 U.S. Dist. LEXIS 139221, December 5, 2011,
Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: In
a copyright infringement action, a magistrate recommended summary judgment on
certain issues against plaintiff photographer because the photographer did not
present any evidence showing that a manufacturer possessed a particular
copyrighted image or provided it others, including its distributors, to support
a claim of contributory infringement.
CORE TERMS: infringement,
website, distributor, infringing, summary judgment, infringer, registration,
statutory damages, contributory, vicarious ...
10. Olem Shoe Corp. v. Wash. Shoe
Co., CASE NO. 09-23494-CIV-HUCK/BANDSTRA, UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, 2011 U.S. Dist. LEXIS 138285, December 1, 2011,
Decided, December 1, 2011, Entered on Docket [enhanced version
available to lexis.com subscribers]
CORE TERMS: shoes,
zebra, dot, registration, register, boot, rose, summary judgment, trade dress,
infringement ...
....
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