1. United States v. Fair, No.
09-3120, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT,
2012 U.S. App. LEXIS 23104, September 19, 2012, Argued, November 9, 2012,
Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Order
of restitution that was imposed pursuant to the Mandatory Victim Restitution
Act, 18 U.S.C.S. § 3663A, against defendant, who was guilty of copyright
infringement, was vacated because the government did not meet its burden to
present evidence from which the court could determine the victim's actual loss
as a result of defendant's scheme.
CORE TERMS: restitution,
actual loss, sentencing, software, calculation, pirated, victim's losses,
customer, restitution order, infringement ...
2. Hendricks & Lewis, PLLC v.
Clinton, Case No. C12-0841RSL, UNITED STATES DISTRICT COURT FOR THE WESTERN
DISTRICT OF WASHINGTON, 2012 U.S. Dist. LEXIS 168969, November 27, 2012,
Decided, November 27, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: receiver,
sound recordings, notice, judgment creditor, receivership, appointment,
ownership, maximize, Copyright Act, claim preclusion ...
3. Games Workshop v. Studios,
Case No. 10 C 8103, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
ILLINOIS, EASTERN DIVISION, 2012 U.S. Dist. LEXIS 168360, November 27, 2012,
Decided, November 27, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: summary
judgment, chart, similarity, shoulder pads, figurine, ownership, website,
copyright infringement, trademark, infringement ...
4. Rovio Entm't, Ltd. v. Royal
Plush Toys, Inc., Case No: C 12-5543 SBA, UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION, 2012 U.S. Dist. LEXIS
169020, November 27, 2012, Decided, November 27, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: plush,
toy, bird, discovery, irreparable harm, trademark, expedited, preliminary
injunction, substantially similar, infringing ...
5. Oceans of Images Photography,
Inc. v. Foster & Smith, Inc., Case No. 8:11-cv-1160-T-30AEP, UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION, 2012 U.S.
Dist. LEXIS 166375, November 21, 2012, Decided, November 21, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: photographs,
summary judgment, license, catalog, infringement, partial, pet, undisputed,
gross revenues, infringer's ...
6. Broad. Music, Inc. v. Leyland
Co., LLC, CASE NO. 5:11CV2264, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF OHIO, EASTERN DIVISION, 2012 U.S. Dist. LEXIS 166344, November 21,
2012, Decided, November 21, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: infringement,
declaration, music, statutory damages, attorneys' fees, Copyright Act, summary
judgment, copyrighted, establishment, copyright infringement ...
7. Metro. Reg'l Info. Sys. v. Am.
Home Realty Network, Inc., Civil Action No. 12-cv-00954-AW, UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF MARYLAND, SOUTHERN DIVISION, 2012 U.S. Dist.
LEXIS 162111, November 13, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Given
the basis for the opinion and order and the unresolved factual issues with
respect to the underlying textual elements of the plaintiff's database, the
preliminary injunction order under Fed. R. Civ. P. 65 had to be revised to
specify that the defendant was enjoined from unauthorized use of the
plaintiff's copyrighted photographs.
CORE TERMS: photograph,
database, preliminary injunction, copyrighted, electronic, listing,
subscriber's, com, copying, injunction ...
8. Silicon Knights, Inc. v. Epic
Games, Inc., No. 5:07-CV-275-D, UNITED STATES DISTRICT COURT FOR THE EASTERN
DISTRICT OF NORTH CAROLINA, WESTERN DIVISION, 2012 U.S. Dist. LEXIS 160529,
November 7, 2012, Decided, November 7, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Pursuant
to 28 U.S.C.S. § 1920(2), defendant that prevailed on counterclaims was awarded
costs for videotaping depositions because defendant provided notice that
depositions would be recorded by both audiovisual videotaping and stenographic
transcription, and transcribing and videotaping depositions were necessarily
obtained for use in the case.
CORE TERMS: trade
secret, attorney's fees, counterclaim, misappropriation, copyright
infringement, discovery, demonstrative, license agreement, reply, breach of
contract ...
9. Fox Broad. Co. v. Dish
Network, L.L.C., Case No. CV 12-04529 DMG (SHx), UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 169112, November
7, 2012, Decided, November 7, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: user's,
recording, copying, infringement, fair use, copyrighted, television, primetime,
programming, subscriber ...
10. Amaretto Ranch Breedables v.
Ozimals Inc., No. C 10-5696 CRB, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 158522; 104 U.S.P.Q.2D (BNA)
1635, November 5, 2012, Decided, November 5, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Seller
lacked standing to pursue counterclaim; inventor's motion for summary judgment
was granted as to counterclaim. As inventor had not established reasonable
likelihood of facing copyright infringement liability, it lacked standing to
pursue remaining claims. Possibility of harm was so speculative that court
would not rule on declaratory relief.
CORE TERMS: misuse,
virtual, copyright infringement, horse, counterclaim, summary judgment,
declaratory judgment, declaratory relief, infringement, co-owner ...
....
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