FREE DOWNLOAD: Complaint - Coach, INC., et al. v. City of Chicago, d/b/a New Maxwell Street Mark, et al., Case 1:10-cv-03108 (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : COACH, INC. and COACH SERVICES...

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. Montana Charlie's of Illinois, INC. d/b/a Montana Charlie's Flea Market, et al., Case 1:10-cv-03751, (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. MONTANA CHARLIE'S OF ILLINOIS, INC. d/b/a MONTANA CHARLIE'S FLEA MARKET, SAI YUJ CHEN, GING FANG CHEN...

FREE DOWNLOAD: Complaint - Coach, INC., et al. v. The Buyer's Market, Inc., an Illinois Corporation, d/b/a Buyer's Flea Market, et al., Case 1:10-cv-03781 (N.D. Ill.)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION COACH, INC. and COACH SERVICES, INC., Plaintiffs, Case No. v. THE BUYER'S MARKET, INC., AN ILLINOIS CORPORATION, d/b/a BUYER'S FLEA MARKET, and DOES 1 through100, Defendants...

Christopher Mohr, of Meyer, Klipper & Mohr, PLLC, discusses Viacom Int'l v. Youtube, 2010 U.S. Dist. LEXIS 62829 (S.D.N.Y. June 23, 2010)

Roughly three years ago, in the United States District Court for the Southern District of New York, Viacom sued YouTube and Google for copyright infringement. Three years and thousands of man-hours of discovery later, we have reached the end of the beginning in a case that may well set the standard...

Virginia Architects Entitled to Copyright Protection

Architectural drawings are not entitled to a great deal of protection under the United States copyright laws , but to the extent a drawing contains a creative, original combination or arrangement of spaces and design elements, the work will be entitled to some level of copyright protection...

Ninth Circuit finds publicity claim preempted by Copyright Act and grants infringement standing to performer as company’s sole employee: Jules Jordan v. 144942 Canada Inc. (Aug. 16, 2010)

Gasper, an adult movie actor, was the president and sole shareholder of Jules Jordan Video (JJV), the creator of the videos in which Gasper appeared. Gasper and JJV filed a copyright action against defendants, alleging that they had copied and sold copyrighted adult DVDs owned by JJV or Gasper and...

LaFrance on Copyright and Circumvention Claims Arising from Use of Third Party Software to "Cheat" in Online Games: MDY Indus., LLC v. Blizzard Ent., Inc., 2010 U.S. App. LEXIS 25424 (Dec. 14, 2010)

By Mary LaFrance In MDY Indus., LLC v. Blizzard Ent., Inc. , 2010 U.S. App. LEXIS 25424 (Dec. 14, 2010), [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , a case arising out of the multiplayer online game World of Warcraft (WoW),...

Architecture firm allowed to use projected future profits in calculating copyright/design infringement award: Looney Ricks Kiss Architects, Inc. v. Bryan

Looney Ricks Kiss Architects, Inc. v. Bryan USDC W.D. Louisiana, December 7, 2010 Click here for a copy of the full decision . In copyright infringement action, court allows plaintiff to use defendants' projected future profits as a factor in its monetary award calculation under...

Jingle All the Way…To the Tune of $1.3 Billion: Oracle Wins Largest-Ever Copyright Infringement Award

By Nicole Rizzo Smith In the world of technology titans, SAP has landed itself on the naughty list this year. In a copyright infringement action brought by Oracle against rival SAP for stealing software and customers, a federal jury last month awarded Oracle $1.3 billion, the largest copyright...

The “Standing” Circle Grows Smaller: Seventh Circuit Addresses Licensee's Standing to Sue for Copyright Infringement: Hyperquest v. N'Site (Jan. 19, 2011)

A licensee's right to exclude 3 rd party use does not amount to an "exclusive right" for the purposes of copyright infringement standing, according to the Seventh Circuit, and dismissal with prejudice is the appropriate ruling when standing is lacking under the Copyright Act. Quivox,...

The Abortion Debate and Copyrights: Family Planning Clinic’s Infringement Complaint Attacks Anti-Abortionist’s Use of Copyrighted Material Spliced with Graphic Images - FREE DOWNLOAD

On May 12 th , Northland Family Planning Clinic, Inc. filed a copyright action against the Center for Bio-Ethical Reform (CBR). Northland provides reproductive healthcare to women, including abortions. The CBR, a California non-profit, opposes abortions. Northland alleges that the CBR's anti...

Forever 21 Threatens Suit against Blogger

Rachel Kane, owner of WTForever21.com, recently received a cease-and-desist letter from clothing retailer Forever 21 . Apparently, the retailer is not amused by Kane's sartorial criticism and has accused her of engaging in "trademark infringement, copyright infringement, unfair competition and...

Copyrights Begin Revolt against Oppressive Patent Tyranny

If intellectual property were a sovereign nation, patents might form the capital whereas copyrights might form a province (along with trademarks). The argument for this would be that original works of authorship are subordinate to patents and inventions. Assuming, without admitting, that this is true...

High Court Declines to Consider Constitutionality of Damages in File-Sharing Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today rejected a petition for certiorari by a Massachusetts man who was found liable for copyright infringement related to his sharing of 30 songs on peer-to-peer (P2P) websites, making no comment on the petitioner's argument that the U...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Endorses Copyright Damages Based on Fair Market Value

By Alison Aubry Richards In Gaylord v. United States , decided on May 14, 2012, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling relating to the determination of copyright damages. The court held that determination of the market value of the infringing use of a copyright...

Sony’s Woody Allen Film the Target of William Faulkner Copyright Case

Last month, Faulkner Literary Rights filed a copyright case against Sony Pictures Classics, accusing Sony of infringing a quote from William Faulkner's book, Requiem for a Nun . The original quote, "The past is never dead. It's not even past," was allegedly used in Woody Allen's...

DLA Piper Alert-NLA v Meltwater: The UK Supreme Court Makes a Reference to CJEU on the Issue of Temporary Copies

The UK Supreme Court has handed down its judgment in the case of Public Relations Consultants Association Limited (PRCA) and the Newspaper Licensing Agency (NLA) & Ot hers. Whilst expressing the view that merely viewing copyright material online (as opposed to downloading or printing that material...

IP Rights Should Never Be Swept Under the Carpet

If you've attended Toronto's Fashion Week, it's likely that you've come away from the tent with a strong desire to wear a carpet to your next cocktail party. If you haven't been to Toronto Fashion Week, let me explain. Korhani is a Canadian carpet and rug manufacturer. For the...

Google Books Project Qualifies as Fair Use, Federal Judge Says

NEW YORK — (Mealey’s) Citing the “significant public benefits” offered by the Google Books project, Judge Denny Chin of the Second Circuit U.S. Court of Appeals, sitting by designation in the U.S. District Court for the Southern District of New York, on Nov. 14 dismissed copyright...

Supreme Court Hears Arguments In Laches, Copyright Case

WASHINGTON, D.C. — (Mealey’s) The defense of laches cannot serve as a bar to allegations of copyright infringement, an attorney for the holder of renewal rights in the screenplay “The Raging Bull” told the U.S. Supreme Court on Jan. 21 ( Paula Petrella v. Metro-Goldwyn-Mayer Inc...

LaFrance on a Screen Actor's Claim to Copyright in her Performance: Garcia v. Google, Inc.

Excerpt: Who is the author of an actor's recorded performance? This question rarely arises in practice, because motion picture producers insist that all creative participants sign work-made-for-hire agreements. When this detail is overlooked, however, all bets are off, and attempts to assert authorship...

U.S. Supreme Court Hears Arguments in Copyright Dispute Over Internet-Based DVR Service

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on April 22 heard oral arguments in a copyright infringement case pitting a group of broadcast television companies and the U.S. government against Aereo Inc., a company that provides Internet-based digital video recorder (DVR) services...

LaFrance on Unauthorized Retransmissions of Television Broadcasts: A Preview of the Supreme Court's Upcoming Decision in ABC, Inc. v. Aereo, Inc.

Excerpt: Under what circumstances does a copyright owner's exclusive public performance right extend to retransmissions of television broadcasts that embody the copyrighted work? In Aereo ( ABC, Inc. v. Aereo, Inc., cert. granted, 134 S.Ct. 896 (U.S. Jan. 10, 2014) [lexis.com subscribers may access...

Supreme Court Reverses, Says Laches Does Not Bar Copyright Claim

WASHINGTON, D.C. — (Mealey’s) A divided U.S. Supreme Court today ruled that a petitioner’s copyright infringement claim against Metro-Goldwyn-Mayer Inc. (MGM) is not subject to the affirmative defense of laches because her claim was brought within the three-year statute of limitations...

Divided High Court: Aereo’s Internet Transmissions Constitute Public Performances

WASHINGTON, D.C. — (Mealey’s) A U.S. Supreme Court majority today found that the Internet transmission of copyrighted broadcast television programs provided by Aereo Inc. constitute public performances per the “transmit clause” of the Copyright Act, reversing the Second Circuit...