1. Forest Park Pictures v.
Universal TV Network, Inc., Docket No. 11-2011-cv, UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT, 2012 U.S. App. LEXIS 13068, November 14, 2011,
Argued, June 26, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Where
plaintiffs submitted an idea to a network and alleged an implied promise by the
network to pay reasonable compensation if the idea were used, the Copyright Act
did not preempt the breach of implied contract claim, because the alleged
contract did not simply require the network to honor plaintiffs' exclusive
rights under the Act.
CORE TERMS: preempted,
implied-in-fact, contract claims, preemption, subject matter, Copyright Act,
promise to pay, television, exclusive rights, express contract ...
2. L.A. Printex Indus. v.
Aeropostale, Inc., No. 10-56187, UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT, 2012 U.S. App. LEXIS 12033, December 5, 2011, Argued and Submitted,
Pasadena, California, June 13, 2012, Amended [enhanced version
available to lexis.com subscribers]
OVERVIEW: Summary
judgment was not warranted in a copyright infringement suit regarding a floral
fabric design because there were disputed issues of material fact regarding
access to the copyrighted design and regarding substantial similarity between
the copyrighted design and the allegedly infringing shirts, which warranted
resolution by the trier of fact.
CORE TERMS: registration,
fabric, similarity, flower, color, summary judgment, substantially similar,
infringement, shirts, collection ...
3. Brownmark Films, LLC v. Comedy
Partners, No. 11-2620, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT,
2012 U.S. App. LEXIS 11454; 40 Media L. Rep. 1821, January 17, 2012, Argued,
June 7, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Instead
of deciding if videos could be incorporated-by-reference in a motion to
dismiss, the court elected to treat the motion as one for summary judgment,
which was how the motion should have been captioned in the first place. The
district court could properly decide the fair use defense on summary judgment,
which it did, in defendant's favor.
CORE TERMS: video,
fair use, episode, parody, discovery, affirmative defense, viral, summary
judgment, internet, incorporation-by-reference ...
4. Tire Eng'g & Distrib., LLC
v. Shandong Linglong Rubber Co., No. 10-2271, No. 10-2273, No. 10-2321, UNITED
STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 2012 U.S. App. LEXIS 11397,
December 7, 2011, Argued, June 6, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Though
domiciled abroad, defendants had sufficient contacts with the forum state such
that the district court's assertion of personal jurisdiction over them complied
with the Fourteenth Amendment's mandate because their conspiracy was conceived
in the forum state and there was purposeful availment of the privilege of
conducting activities in state.
CORE TERMS: Copyright
Act, conspiracy, forum state, tire, damages award, infringement, personal
jurisdiction, infringing, trademark, domestic ...
5. NTD Architects v. Baker, Civil
No. 12cv0020 AJB (JMA), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT
OF CALIFORNIA, 2012 U.S. Dist. LEXIS 89160, June 27, 2012, Decided, June 27,
2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: Copyright
Act, preemption, removal, preempted, state law, federal action, causes of
action, trade secrets, copyrighted, preemptive ...
6. Cato Corp. v. L.A. Printex
Indus., 3:10-cv-00462Consolidated with3:10cv543, UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA, CHARLOTTE DIVISION, 2012 U.S. Dist.
LEXIS 88872, June 27, 2012, Decided, June 27, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: summary
judgment, registration, partial, material fact, ownership, genuine issues,
copyright infringement, derivative, copyrighted, similarity ...
7. Northland Famil Planning
Clinic, Inc. v. Ctr. for Bio-Ethical Reform, CASE NO: SACV 11-731 JVS (ANx),
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, 2012 U.S.
Dist. LEXIS 83732, June 15, 2012, Decided, June 15, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: The
abortion opponents were entitled to a fair use defense summary judgment on a
family planning clinic's copyright infringement claim where the accused videos
were transformative in character, did not use an excessive amount of the
clinic's video to create a parody, and did not create a cognizable market
injury to the clinic's video.
CORE TERMS: video,
parody, fair use, copyrighted, tag, message, original work, abortion,
transformative, segment ...
8. Siniouguine v. Mediachase
Ltd., CV 11-6113-JFW (AGRx), UNITED STATES DISTRICT COURT FOR THE CENTRAL
DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 87190, June 11, 2012, Decided,
June 11, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: counterclaims,
hire, summary judgment, computer programs, ownership, calendar, copyright
infringement, commissioned, specially, declaratory relief ...
9. Mahmoodian v. Pirnia, CASE NO.
3:11-cv-00005, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
VIRGINIA, CHARLOTTESVILLE DIVISION, 2012 U.S. Dist. LEXIS 78854, June 7, 2012,
Decided, June 7, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: default
judgment, Lanham Act, infringement, statutory damages, Copyright Act,
injunction, registration, registered, infringer's, false advertising ...
10. Cohen v. United States, No.
07-154 C, UNITED STATES COURT OF FEDERAL CLAIMS, 2012 U.S. Claims LEXIS 701,
June 27, 2012, E-Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: statutory
damages, mentor, cross-motions, infringement, infringed, derivative, inventory,
summary judgment, mentoring, copyright infringement ...
....
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