1. Mattel, Inc. v. MGA Entm't,
Inc., No. 11-56357, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2013
U.S. App. LEXIS 1586, December 10, 2012, Argued and Submitted, Pasadena,
California, January 24, 2013, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Fact
that both plaintiffs and defendants claimed they stole each other's trade
secrets was not enough to render defendants' counterclaim compulsory because
what mattered was not the legal theory but the facts; defendants' trade-secret
counterclaim should not have reached the jury.
CORE TERMS: trade
secrets, counterclaim, trade-secret, compulsory, Copyright Act, attorneys'
fees, counterclaim-in-reply, misappropriation, awarding, aggregate ...
2. Latin Am. Music Co. v. Media
Power Group, Inc., No. 11-2108, UNITED STATES COURT OF APPEALS FOR THE FIRST
CIRCUIT, 2013 U.S. App. LEXIS 980, January 15, 2013, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: In
Copyright Act infringement suit regarding songs, defendants were properly
granted summary judgment as to certain songs on the ground that plaintiffs
failed to produce evidence of registration because, inter alia, plaintiffs
submitted certificates of recordation and did not produce any other evidence of
registration regarding two songs.
CORE TERMS: ownership,
song, registration, summary judgment, infringement, certificate, new trial,
recommendation, collateral estoppel, printouts ...
3. DC Comics v. Pac. Pictures
Corp., No. 11-56934, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2013
U.S. App. LEXIS 620, November 5, 2012, Argued and Submitted, Pasadena,
California, January 10, 2013, Filed, Decision reached on appeal by DC Comics v.
Pac. Pictures Corp., 2013 U.S. App. LEXIS 672 (9th Cir. Cal., Jan. 10, 2013) [enhanced version
available to lexis.com subscribers]
OVERVIEW: Collateral
order doctrine provided jurisdiction over an appeal of a denial of a motion to
strike under California's anti-SLAPP statute, Cal. Code Civ. Proc. § 425.16. An
intervening U.S. Supreme Court decision did not affect a finding that the
anti-SLAPP statute functioned as an immunity from suit such that immediate
appeal was available.
CORE TERMS: immunity,
collateral order, immediate appeals, interlocutory appeal, final judgment,
comic, heirs, lawsuit, immediately appealable, unreviewable-- ...
4. Harney v. Sony Pictures TV,
Inc., No. 11-1760, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 2013
U.S. App. LEXIS 427, January 7, 2013, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Production
company's adaptation of photograph of girl riding piggyback on her father's
shoulders did not infringe photographer's copyright, because, inter alia,
subsequent events did not transform unoriginal elements of the visual work into
protectible subject matter, and almost none of the protectible aspects of the
photograph were replicated.
CORE TERMS: photograph,
similarity, originality, photographer, dissection, subject matter,
infringement, church, substantially similar, protectible ...
5. Lenz v. Universal Music Corp.,
Case No. 5:07-cv-03783-JF, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2013 U.S. Dist. LEXIS 9799, January
24, 2013, Decided, January 24, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: video,
youtube, fair use, notice, takedown, song, good faith belief, notification,
removal, infringement ...
6. Reinicke v. Creative Empire,
LLC, CASE NO. 12cv1405-GPC(KSC), UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF CALIFORNIA, 2013 U.S. Dist. LEXIS 9793, January 24, 2013, Decided,
January 24, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: Copyright
Act, definite, copyright infringement, quantum meruit, preempted, online, cause
of action, registration, conversion, registered ...
7. Whitaker v. Stanwood Imps.,
Case No. 2:10-CV-539 TS, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH,
CENTRAL DIVISION, 2013 U.S. Dist. LEXIS 7612, January 17, 2013, Decided,
January 17, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: sculpture,
windmill, arm, rug, wind-catcher, protectable, spinner, copper, copying,
copyrighted ...
8. Agence Fr. Presse v. Morel, 10
Civ. 02730 (AJN), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK, 2013 U.S. Dist. LEXIS 5636, January 14, 2013, Decided, January 14, 2013,
Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: afp,
twitter, infringement, license, summary judgment, photograph, infringer,
infringing, provider's, user ...
9. Wu v. Pearson Educ., Inc., 10
Civ. 6537 (KBF), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK, 2013 U.S. Dist. LEXIS 5289, January 11, 2013, Decided, January 11, 2013,
Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: license,
invoice, summary judgment, copyrighted, issue of fact, documentation, Mem Law
Opp'n Def, infringement, deposition, triable ...
10. N. Jersey Media Group, Inc.
v. Sasson, Civ. No. 2:12-3568 (WJM), UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW JERSEY, 2013 U.S. Dist. LEXIS 1536, January 4, 2013, Decided,
January 4, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: registration,
copyright infringement, photograph, certificate, prima facie claim,
infringement, registration requirement, matters of public, registered,
reporting ...
....
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