1. Roger Miller Music, Inc. v.
Sony/ATV Publ'g, LLC, No. 10-5363, UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT, 12a0049p.06;, 2012 U.S. App.
LEXIS 3472; 2012 FED App. 0049P (6th Cir.), October 12, 2011, Argued, February
22, 2012, Decided, February 22, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Under
17 U.S.C.S. § 304(a)(1)(C), an assignee did not unlawfully infringe copyrights
in certain songs because the owner was entitled to the renewal and extension of
the copyrights when the copyright renewal applications were made, and the
author had previously made a valid assignment to the assignee of his interest
in the copyrights to these songs.
CORE TERMS: renewal,
song, renewal term, assignee, ownership, vest, registration, successor, died,
register ...
2. T-Peg, Inc. v. Vt. Timber
Works, Inc., Nos. 10-2234 and 10-2300, UNITED STATES COURT OF APPEALS FOR THE
FIRST CIRCUIT, 2012 U.S. App. LEXIS 3190, February 16, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: A
district court's award of attorney's fees in a copyright infringement case was
affirmed since it could impose a fee to deter overly aggressive litigation
tactics, and it did not abuse its discretion by diverging from the lodestar
method in determining the amount of the fee award.
CORE TERMS: fee
award, lodestar, tactics, deterrence, Copyright Act, award of fees,
attorney-fee, abuse of discretion, prevailing party, meritorious defenses ...
3. Range Road Music, Inc. v. East
Coast Foods, Inc., No. 10-55691, No. 10-55800, UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, 2012 U.S. App. LEXIS 3173, December 9, 2011, Argued and
Submitted, Pasadena, California, February 16, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Music
companies' complaint contained an adequate statement of a claim of vicarious
copyright infringement: it alleged that copyrighted musical compositions were
publicly performed at a restaurant, and pleaded specific facts to raise a
plausible inference that defendants exercised control over and financially
benefitted from the performance venue.
CORE TERMS: music,
copyright infringement, lounge, songs, infringement, copyrighted, license,
publicly, jazz, compositions ...
4. Psihoyos v. Pearson
Educ.,Inc., 10 Civ. 5912 (JPO), UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 27265, February 29, 2012, Decided,
February 29, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: license,
implied licenses, summary judgment, photograph, permission, invoice, licenses
to use, genuine, license agreements, ownership ...
5. Yesh Music v. Lakewood Church,
Case No. 4:11-CV-03095, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT
OF TEXAS, HOUSTON DIVISION, 2012 U.S. Dist. LEXIS 19030, February 14, 2012,
Decided, February 14, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: licensing
agreement, composition, Copyright Act, infringing, infringement, act of
infringement, extraterritorial, television, punitive damages, license ...
6. Innovative Legal Mktg., LLC v.
Mkt. Masters-Legal, Action No. 2:10cv580, UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA, NORFOLK DIVISION, 2012 U.S. Dist. LEXIS 18604,
February 13, 2012, Decided, February 13, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: big,
bigcase, summary judgment, television, advertisement, license, com,
infringement, trademark, licensee ...
7. Fraserside IP L.L.C. v.
Faragalla, No. C11-3032-MWB, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF IOWA, CENTRAL DIVISION, 2012 U.S. Dist. LEXIS 17528, February 13,
2012, Decided, February 13, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: com,
pornvisit, registration, trademark, default, default judgment, www, pornvideos,
http, copyright infringement ...
8. City of Carlsbad v. Shah,
Civil No. 08cv1211 AJB (WMc), UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 16035, February 9, 2012, Decided,
February 9, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: www,
logo, golf, domain, trademark, golf course, carlsbad, infringement,
registration, mobi ...
9. Pers. Keepsakes, Inc. v.
PersonalizationMall.Com, Inc., Case No. 11 C 5177, UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 2012 U.S. Dist. LEXIS
15280, February 8, 2012, Decided, February 8, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Defendant's
motion to dismiss a Lanham Act claim was granted because plaintiff's claim that
defendant copied plaintiff's original poetry and incorporated it into
defendant's similar products was a copyright infringement claim, not a Lanham
Act violation.
CORE TERMS: poem,
website, Lanham Act, notice, gift, com, copyrighted, Copyright Act, abernook,
baptism ...
10. Alvertis Isbell v. DM
Records, Inc., Civil Action No. 4:07-cv-146, UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF TEXAS, SHERMAN DIVISION, 2012 U.S. Dist. LEXIS 13525,
February 3, 2012, Decided, February 3, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Plaintiff
and defendant were denied summary judgment on the issue of ownership of the
subject composition copyrights because there were genuine issues of material
fact surrounding ownership of the subject composition copyrights under 17
U.S.C.S. §§ 204 and 205.
CORE TERMS: summary
judgment, composition, ownership, music, matter of law, copyright infringement,
license, writers, sound recordings, implied license ...
....
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