1. Gaylord v. United States,
2011-5097, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S.
App. LEXIS 9719, May 14, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Claimant
who sought 10% royalty on sales of stamps bearing image of statues on which
claimant held copyright and on licensing revenues received by U.S. Postal
Service in connection with infringing use prevailed on challenge to claims
court's $5000 damage award as 28 U.S.C.S. § 1498(b) and 17 U.S.C.S. § 504
authorized award based on FMV of license.
CORE TERMS: stamp,
license, royalty, prejudgment interest, market value, hypothetical,
negotiation, ongoing, copyright infringement, retail ...
2. Banco Popular de P.R. v.
Asociación de Compositores y Editores de Música Latinoamericana (ACEMLA), Nos.
10-2170, 10-2171, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 2012
U.S. App. LEXIS 9614, May 11, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: In
a dispute over payment of royalties for copyrighted musical compositions,
registration evidence was sufficient to reject a concert producer's defense of
copyright misuse. Given evidence that rights to a composition was owned by
another publisher, a licensor and its affiliate committed infringement by
authorizing use of the song.
CORE TERMS: song,
composition, concert, retroactive, license, copyright infringement, settlement
agreement, licensing agreement, royalty, jury trial ...
3. Oracle Am. v. Google Inc., No.
C 10-03561 WHA, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
CALIFORNIA, 2012 U.S. Dist. LEXIS 75896, May 31, 2012, Decided, May 31, 2012,
Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: java,
package, sequence, interface, computer program, copyrightable, software,
console, patent, platform ...
4. Tetris Holding, LLC v. Xio
Interactive, Inc., Civil Action No. 09-6115, UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF NEW JERSEY, 2012 U.S. Dist. LEXIS 74463, May 30, 2012, Decided,
May 30, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trade
dress, functional, color, video game, playing, copying, scene, similarity,
copied, merger ...
5. WNET v. Aereo, Inc., 12 Civ.
1543 (AJN), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK,
2012 U.S. Dist. LEXIS 70749, May 21, 2012, Decided, May 18, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: preemption,
general scope, law claim, exclusive rights, copyrighted, preempted, unfair
competition, Copyright Act, legislative history, state law ...
6. Karlson v. Red Door Homes,
LLC, CASE NO. CV-11-J-1511-NE, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF ALABAMA, NORTHEASTERN DIVISION, 2012 U.S. Dist. LEXIS 68395, May
16, 2012, Decided, May 16, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: The
parties' relationship was one of a non-exclusive license from the artist to the
home designers, and when the artist announced to the home designers that he had
copyrighted his renderings and they could not continue to use then without the
payment of royalties, they ceased such use. Thus, the court was unable to find
that infringement occurred.
CORE TERMS: depo,
licensee, architectural, summary judgment, invoice, infringement, registration,
drawings, genuine, license to use ...
7. Libertas Techs., L.L.C. v.
Cherryhill Mgmt., Case No. 1:10-cv-935, UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION, 2012 U.S. Dist. LEXIS 67846, May
14, 2012, Decided, May 15, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Defendants'
"utilization" defense necessarily depended on a finding that the
company was the owner of a copy of a computer program, a factual determination
that could not be made on a motion to dismiss. Thus, dismissal of plaintiff's
copyright infringement action was not warranted on the ground the claim was
barred by the utilization statute.
CORE TERMS: software,
computer program, tortious interference, copyright infringement, conversion,
replevin, business relationship, preempted, registration, law claims ...
8. Greenspan v. Random House,
Inc., CIVIL ACTION NO. 11-12000-RBC 11 With the parties' consent, this case was
reassigned to the undersigned for all purposes, including trial and the entry
of judgment, pursuant to 28 U.S.C. § 636(c)., UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MASSACHUSETTS, 2012 U.S. Dist. LEXIS 64831, May 9, 2012,
Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Where
copyright holder wrote memoir regarding founding of website, copyright
infringement claims under Copyright Act regarding defendants' book and film
about same website failed because he did not allege sufficient facts to
establish that reasonable, ordinary observer could conclude that defendants
unlawfully appropriated his original expressions.
CORE TERMS: similarity,
copying, copyrighted, picture, copyright infringement, website, infringement,
actionable, omission, defamatory meaning ...
9. Clifton v. Pearson Educ.,
Inc., Case No. 5:11-cv-03640-EJD, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2012 U.S. Dist. LEXIS 61569; 102
U.S.P.Q.2D (BNA) 1530, May 2, 2012, Decided, May 2, 2012, Filed, [enhanced version available to lexis.com subscribers] Motion granted by, in part,
Motion denied by, in part Clifton v. Pearson Educ., Inc., 2012 U.S. Dist. LEXIS
66479 (N.D. Cal., May 11, 2012) [enhanced version available to lexis.com subscribers]
CORE TERMS: photograph,
license, preliminary injunction, copyright infringement, infringement,
textbook, irreparable harm, public interest, injunctive relief, injunction ...
10. Art of Living Found. v. Doe,
Case No.: 5:10-cv-05022-LHK, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2012 U.S. Dist. LEXIS 61582, May 1,
2012, Decided, May 1, 2012, Filed, [enhanced version available to lexis.com subscribers] Later proceeding at Art of
Living Found. v. Does, 2012 U.S. Dist. LEXIS 64578 (N.D. Cal., May 8, 2012) [enhanced version available to lexis.com subscribers]
CORE TERMS: trade
secrets, teaching, manual, summary judgment, blog, ownership, declaration,
discovery, registration, facie ...
....
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