1. L.A. Printex Indus., Inc. v.
Aeropostale, Inc., No. 10-56187, UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT, 2012 U.S. App. LEXIS 7079, December 5, 2011, Argued and Submitted,
Pasadena, California, April 9, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Plaintiff's
sale of 50,000 yards of fabric with a copyrighted floral fabric print design to
fabric converters created a genuine dispute of material fact as to whether
plaintiff's design was widely disseminated and hence that there was a
"reasonable possibility" that defendants had an opportunity to view
and copy the design.
CORE TERMS: registration,
fabric, flower, similarity, color, summary judgment, substantially similar,
shirts, collection, supplementary ...
2. Viacom Int'l, Inc. v. Youtube,
Inc., Docket No. 10-3270-cv, Docket No. 10-3342-cv, UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT, 2012 U.S. App. LEXIS 6909; 102 U.S.P.Q.2D (BNA)
1283, October 18, 2011, Argued, April 5, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Although
17 U.S.C.S. § 512(c) safe harbor required knowledge or awareness of specific
infringing activity, reasonable jury could find that defendant had actual
knowledge or awareness of specific infringing activity on its website and it
was error to interpret "right and ability to control infringing
activity" to require item-specific knowledge.
CORE TERMS: provider,
infringing, safe harbor, infringement, video, user's, awareness, actual
knowledge, network, website ...
3. Looney Ricks Kiss Architects,
Inc. v. State Farm Fire & Cas. Co., No. 11-30121, UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT, 2012 U.S. App. LEXIS 6730, April 4, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: District
court erred in determining that insurers had no duty to provide coverage to
insureds in a copyright infringement action on the basis of breach of contract
exclusions in the policies because Louisiana applied a "but for" test
to determine coverage, and the claim under the federal copyright laws would
exist even in the absence of a contract.
CORE TERMS: coverage,
breach of contract, insurer, duty to defend, architect, insured, summary
judgment, apartments, owe, insurance policies ...
4. BottleHood, Inc. v. Bottle
Mill, CASE NO. 11-cv-2910-MMA (MDD), UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 57381, April 23, 2012,
Decided, April 23, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: copyright
infringement, trademark, glassware, trademark infringement, infringing, unfair
competition, secondary meaning, infringement, registration, Lanham Act ...
5. Sanrio Co. v. J.I.K.
Accessories, No. C-09-0440 EMC, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 55280, April 19, 2012, Decided,
April 19, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: default
judgment, counterfeit, injunction, statutory damages, trademark, infringement,
trademark infringement, retail stores, infringe, weighs ...
6. Dominic v. Delaloye, 12-CV-1551
(NGG) (RML), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK,
2012 U.S. Dist. LEXIS 54023, April 16, 2012, Decided, April 17, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: In
infringement suit under Copyright Act of 1976 involving an unfinished
documentary, copyright holder was not entitled to preliminary injunction,
because, inter alia, it appeared that the alleged similarities between the
parties' works substantially related not to protected aesthetic expressions but
to unprotectible ideas and facts.
CORE TERMS: film,
documentary, similarity, trailer, clips, likelihood of success, preliminary
injunction, quotation marks omitted, infringement, protectible ...
7. Profoot, Inc. v. MSD Consumer
Care, Inc., Civ. No. 11-7079, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
NEW JERSEY, 2012 U.S. Dist. LEXIS 51888, April 11, 2012, Decided, April 12,
2012, Filed, NOT FOR PUBLICATION [enhanced version
available to lexis.com subscribers]
CORE TERMS: counterclaim,
trade dress, infringement, amend, Lanham Act, circle, unfair competition,
unjust enrichment, packaging, cross-motion ...
8. CineTel Films, Inc. v. Doe,
Civil No. JFM 8:11-cv-02438, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MARYLAND, 2012 U.S. Dist. LEXIS 47701, April 4, 2012, Decided, April 4, 2012,
Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Where
plaintiffs alleged that hundreds of unidentified defendants used file-sharing
protocol to illegally obtain plaintiffs' copyrighted motion picture, joinder of
defendants under Fed. R. Civ. P. 20(a)(2) was improper because alleged infringement was committed by
unrelated defendants, through independent actions, at different times and
locations.
CORE TERMS: joinder,
subpoena, copyright infringement, identifying information, protocol, severed,
subscriber, putative, personal jurisdiction, discovery ...
9. Family Dollar Stores, Inc. v.
United Fabrics Int'l, Inc., 11 Civ. 2574 (CM)(JCF), UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 48046, April
4, 2012, Decided, April 4, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: registration,
discovery, disclosures, summary judgment, counterclaim, collection, fabric,
partial, invoices, plural ...
10. Patrick Collins, Inc. v. Doe,
Civil No. JFM 8:12-cv-00095, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MARYLAND, 2012 U.S. Dist. LEXIS 48420, April 4, 2012, Decided, April 4, 2012,
Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Court
severed all but two doe defendants because merely alleging that Doe defendants
all used the same file-sharing protocol, to conduct copyright infringement of
plaintiff's film without any indication that they acted in concert failed to
satisfy the arising out of the same series of transactions or occurrences
requirement.
CORE TERMS: joinder,
subpoena, copyright infringement, protocol, swarm', copyrighted, joined,
identifying information, downloading, occurrence ...
....
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