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  • Top 10 Copyright Cases for the Month of September 2012

10/01/2012 10:27:00 AM EST

Top 10 Copyright Cases for the Month of September 2012

1. Kernel Records Oy v. Mosley, No. 11-12769, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 2012 U.S. App. LEXIS 19413, September 14, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  By confounding "Internet" with "website," a district court erroneously assumed all "Internet publication" occurred on a "website," an that all "Internet publication" resulted in simultaneous, worldwide distribution, as a music company claimed, thus, granting the company summary judgment against a copyright holder's infringement claim was error.

CORE TERMS:  internet, registration, summary judgment, website, disk, online, magazine, worldwide, deposition testimony, Copyright Act ...

 

2. Capitol Records, Inc. v. Thomas-Rasset, No. 11-2820, No. 11-2858, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 2012 U.S. App. LEXIS 19040, June 12, 2012, Submitted, September 11, 2012, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  In a copyright case, the judgment of the district court was vacated, and the case was remanded with directions because an award of statutory damages of $222,000 did not violate the Due Process Clause, and the injunction against the willful infringer had to be broadened as requested by the record companies.

CORE TERMS:  recording, statutory damages, copyrighted, injunction, infringement, user, Copyright Act, copyright infringement, sound recordings, damages award ...

 

3. Denenberg v. Led Techs.,  Civil Action No. 11-cv-03155-RBJ , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, 2012 U.S. Dist. LEXIS 140513, September 28, 2012, Decided [enhanced version available to lexis.com subscribers]

CORE TERMS:  photograph's, infringement, summary judgment, pictures, website, artist, innocent, copyright infringement, material facts, ownership ...

 

4. Reg'l Multiple Listing Serv. of Minn. v. Am. Home Realty Network, Civil No. 12-965 (JRT/FLN), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, 2012 U.S. Dist. LEXIS 138690, September 27, 2012, Decided, September 27, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  neighborcity, photograph, copyrighted, listing, broker, real estate agents, preliminary injunction, descriptors, website, buyer ...

 

5. Design Basics, L.L.C. v. DeShano Cos., Inc., Case No.: 10-14419, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, NORTHERN DIVISION, 2012 U.S. Dist. LEXIS 135387, September 21, 2012, Decided, September 21, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  architectural, infringement, copyrighted, summary judgment, Copyright Act's, similarity, distributed, protectable, copied, builders ...

 

6. Greene v. Ablon, Civil Action No. 09-10937-DJC, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, 2012 U.S. Dist. LEXIS 131958, September 17, 2012, Decided, September 17, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  kids, summary judgment, collaborative, derivative, partial, registered, register, slide, website, trademark ...

 

7. Family Dollar Stores, Inc. v. United Fabrics Int'l, Inc., No. 11 Civ. 2574 (CM), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 130914, September 11, 2012, Decided, September 11, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  registration, collection, summary judgment, counterclaims, invalid, supplementary, copyright infringement, certificate, infringed, discovery ...

 

8. Pac. Stock, Inc. v. MacArthur & Co., CIVIL NO. 11-00720 JMS/BMK (Copyright Infringement), UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII, 2012 U.S. Dist. LEXIS 128258, September 10, 2012, Decided, September 10, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  photographic, megadreamhomes, http, com, statutory damages, infringement, www, willful, Copyright Act, default judgment ...

 

9. Adobe Sys., Inc. v. Christenson, 2:10-CV-00422-LRH-GWF, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, 2012 U.S. Dist. LEXIS 129019, September 10, 2012, Decided, September 10, 2012, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  A software seller was granted summary judgment on a copyright infringement claim based on the first sale doctrine where it lawfully acquired and resold the software products, and there was no evidence that the copyright holder only licensed its software or that showed where the only copy of the software specifically addressed was made.

CORE TERMS:  software, summary judgment, press release, license, trademark, fair use, nominative, consumer, lawsuit, holder ...

 

10. Velvet Underground v. Andy Warhol Found. for the Visual Arts, Inc., 12 Civ. 00201 (AJN), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 127823, September 7, 2012, Decided, September 7, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  banana, covenant, declaratory judgment, declaratory judgment, declaratory, trademark, patent, actual controversy, infringement, licensing ...

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