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  • Top 10 Copyright Cases for the Month of July 2012

08/01/2012 10:24:00 AM EST

Top 10 Copyright Cases for the Month of July 2012

1. Pearson Educ., Inc. v. Almgren, No. 11-2723, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 2012 U.S. App. LEXIS 14363, March 14, 2012, Submitted, July 13, 2012, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  Publishers waived their Seventh Amendment right a jury trial on damages from a Chapter 7 debtor's copyright infringement because the publishers filed claims against the debtor's bankruptcy estate. The publishers' request for attorney's fees under 17 U.S.C.S. § 505 was properly denied; their litigation strategy was found to be unreasonable.

CORE TERMS:  publishers, attorney's fees, jury trial, manuals, non-dischargeability, bankruptcy estate, copyright infringement, proofs of claim, statutory damages, willful ...

 

2. Intercollegiate Broad. Sys. v. Copyright Royalty Bd., No. 11-1083, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 2012 U.S. App. LEXIS 13757; 103 U.S.P.Q.2D (BNA) 1337, February 7, 2012, Argued, July 6, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Copyright Royalty Judges, as currently established, were principal officers who had to be appointed by the President and confirmed by the Senate, and the structure of the current Copyright Royalty Board therefore violated the Appointments Clause, U.S. Const., art. II, § 2, cl. 2.

CORE TERMS:  royalty, appointed, inferior officers, principal officers, webcaster, executive branch, inferior, removal, webcasting, broadcasting ...

 

3. Lyons v. Gillette, CIVIL ACTION NO. 11-12192-WGY, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, 2012 U.S. Dist. LEXIS 106749, July 31, 2012, Decided [enhanced version available to lexis.com subscribers]

CORE TERMS:  veterinary, trademark, specialty, misappropriation, registration, copyrighted, sports, intellectual property, ownership, dilution ...

 

4. Granger v. One Call Lender Servs., CIVIL ACTION NO. 10-3442, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2012 U.S. Dist. LEXIS 104885, July 26, 2012, Decided, July 26, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  statutory damages, calculator, infringement, injunction, attorney's fees, infringing, Copyright Act, default judgment, circumvention, website ...

 

5. CJ Prods. LLC v. Your Store Online LLC, 11 Civ. 9513 (GBD) (AJP), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 96450, July 12, 2012, Decided [enhanced version available to lexis.com subscribers]

CORE TERMS:  statutory damages, infringement, attorneys' fees, willful, awarding, copyright infringement, infringing, default, maximum, actual damages ...

 

6. Lego A/S v. Best-Lock Constr. Toys, Inc., 3:11-CV-1586 (CSH), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT, 2012 U.S. Dist. LEXIS 95985, July 11, 2012, Decided, July 11, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  minifigure, laches, infringement, functional, toy, injunction, cylindrical, torso, estoppel, preliminary injunctions ...

 

7. Fleurimond v. New York Univ., 09-CV-3739 (ADS)(AKT), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 95379, July 10, 2012, Decided, July 10, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  mascot, graphic, cat, summary judgment, athletic department, hire, compensated, undisputed, designer, promotional materials ...

 

8. Am. Bd. of Internal Med. v. Von Muller, CIVIL ACTION NO. 10-CV-2680, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2012 U.S. Dist. LEXIS 94436, July 9, 2012, Decided, July 9, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  new trial, matter of law, merger, copyright infringement, gastroenterology, settlement, Copyright Act, satisfaction, similarity, renewed ...

 

9. Vermont Equity Partners, LLC v. Aequitas Solutions, Inc. (In re Charlton), No. C 11-05657 WHA,No. C 11-05747 WHA,No. C 11-05748 WHA, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 91596, July 2, 2012, Decided, July 2, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  software, settlement agreement, settling parties, ownership, estopped, subsidiary, property rights, intellectual property, foreclosure sale, ownership interest ...

 

10. Ryan v. Editions Limited West, Inc., Case No.: C-06-04812 PSG, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2012 U.S. Dist. LEXIS 91642, July 2, 2012, Decided, July 2, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  canvas, artist, poster, copyright infringement, infringement, artwork, injunction, copyrighted, derivative, contributory ...

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