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  • Top 10 Copyright Cases for the Month of October 2012

11/05/2012 10:03:20 AM EST

Top 10 Copyright Cases for the Month of October 2012

1. Evergreen Safety Council v. RSA Network, Inc., No. 11-35680, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2012 U.S. App. LEXIS 21593, July 12, 2012, Argued and Submitted, Seattle, Washington, October 17, 2012, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  Plaintiff's claim of copyright infringement was barred by laches because he knew, or should have known, of allegedly infringing content when defendant sent him a letter and a draft manual; plaintiff could not rely on the fact that he did not open the letter for nearly 12 years, and the delay in pursuing his claim caused evidentiary prejudice.

CORE TERMS:  manual, laches, infringement, pilot, escort, infringing, demand letters, willfulness, willfully, training programs ...

 

2. Hobbs v. John, Case No. 12 C 3117, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 2012 U.S. Dist. LEXIS 154452, October 29, 2012, Decided, October 29, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  lyrics, song, Copyright Act, you'll, woman, times, love, substantially similar, http, cold war ...

 

3. CollegeSource, Inc. v. Academyone, Inc., CIVIL ACTION NO. 10-3542, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2012 U.S. Dist. LEXIS 153197, October 25, 2012, Decided, October 25, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  catalog, website, pdf, user's, subscription, consumer, trademark, database, summary judgment, internet ...

 

4. Ardis Health, LLC v. Nankivell, 11 Civ. 5013 (NRB), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 154839, October 23, 2012, Decided, October 23, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  partnership, website, counterclaim, internal quotation marks omitted, movants', conversion, Copyright Act, conversion claim, fiduciary duty, trademark ...

 

5. Lewis v. Activision Blizzard, Inc., No. C 12-1096 CW, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 151739, October 22, 2012, Decided, October 22, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  preempted, recording, misappropriation, copyright law, Copyright Act, law claims, vocal, quantum meruit, preemption, publicity ...

 

6. DC Comics v. Pac. Pictures Corp., CASE NO. CV 10-3633 ODW (RZx), UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION, 2012 U.S. Dist. LEXIS 149532, October 17, 2012, Decided, October 17, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  termination, heir, termination notice, terminate, Copyright Act, summary judgment, transferred, executor, prior agreements, citation omitted ...

 

7. Hebrew Univ. of Jerusalem v. GM LLC, CV10-03790 AHM (JCx), UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 148150, October 15, 2012, Decided, October 15, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  publicity, duration, postmortem, Copyright Act, common law, commercial value, celebrity, persona, privacy, property right ...

 

8. Dorchen/Martin Assocs. v. Brook of Cheboygan, Inc., Case No. 11-10561, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, NORTHERN DIVISION, 2012 U.S. Dist. LEXIS 149539, October 15, 2012, Decided, October 15, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  hire, derivative, architectural, registration, registered, ownership, summary judgment, termination, drawing, Copyright Act ...

 

9. Authors Guild, Inc. v. Hathitrust, 11 CV 6351 (HB), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 146169, October 10, 2012, Decided, October 10, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  associational, print-disabled, fair use, transformative, digital, fair-use, Copyright Act, copying, summary judgment, copyrighted ...

 

10. AF Hodlings, LLC v. Doe, Case No.: 5:12-CV-02048-EJD, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2012 U.S. Dist. LEXIS 143484, October 3, 2012, Decided, October 3, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  videos, Copyright Act, immunity, provider, cause of action, copyright infringement, negligence claim, nonfeasance, preemption, negligence claim ...

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