DETROIT - A copyright infringement plaintiff on March 5 won the right to amend its pleading to add a plaintiff's husband as a defendant (Malibu Media LLC v. April House, et al., No. 13-12218, E.D. Mich.).
WILMINGTON, Del. - Custom Media Technologies LLC should be allowed to proceed with allegations that three cable providers directly infringed a patent, a Delaware federal magistrate judge ruled Feb. 10 (Custom Media Technologies LLC v. Charter Communications Inc., No. 13-1420, D. Del.; Custom Media Technologies LLC v. Time Warner Cable Inc., No. 13-1425, D. Del.; Custom Media Technologies LLC v. Verizon Communications Inc., No. 13-1426, D. Del.).
NEW YORK - Bankrupt Inner City Broadcasting Corp. (ICBC) on Feb. 10 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, arguing that it is entitled to punitive damages for the unauthorized seizure of artwork from its office and contending that the parties that took the artwork are not entitled to summary judgment dismissing ICBC's adversary proceeding (Inner City Broadcasting Corporation v. YMF Media LLC, et al. [In Re: Inner City Broadcasting Corporation], No. 11-13967, Adv. No. 12-01796, Chapter 11, S.D. N.Y. Bkcy.).
WASHINGTON, D.C. - The District of Columbia federal judge who ordered tobacco companies to take out advertisements correcting decades of deceptive marketing allowed the National Association for the Advancement of Colored People, two groups representing black-owned media, and Fox Broadcasting Co. to participate as amici, in a Feb. 4 order (U.S.A. v. Philip Morris USA Inc., et al., No. 1:99-cv-2496, D. D.C.).
LOS ANGELES - The founder of bankrupt GGW Brands LLC, the producer of adult entertainment videos that carry the name "Girls Gone Wild," on Jan. 30 filed a brief in the U.S. District Court for the Central District of California contending that the bankruptcy court's decision to force its affiliate GGW Marketing LLC into Chapter 11 bankruptcy was not valid (R. Todd Neilson v. Path Media Holdings LLC, et al. $(In Re: GGW Brands LLC$), No. 13-07666, Chapter 11, C.D. Calif.).
LOS ANGELES - The founder of bankrupt GGW Brands LLC, the producer of adult entertainment videos that carry the name "Girls Gone Wild," on Jan. 30 filed a brief in the U.S. District Court for the Central District of California contending that the bankruptcy court's decision to force its affiliate GGW Marketing LLC into Chapter 11 bankruptcy was not valid (R. Todd Neilson v. Path Media Holdings LLC, et al. [In Re: GGW Brands LLC], No. 13-07666, Chapter 11, C.D. Calif.).
PORTLAND, Ore. - Reversing a trial court's defamation judgment against a blogger, a Ninth Circuit U.S. Court of Appeals panel on Jan. 17 held that the negligence requirement for defamation lawsuits established by Gertz v. Robert Welch Inc. (418 U.S. 323, 350 ) is "not limited to cases with institutional media defendants," but can also apply to Internet bloggers (Obsidian Finance Group LLC, et al. v. Crystal Cox, No. 12-35238 and 12-35319, 9th Cir.; 2014 U.S. App. LEXIS 948).
ST. LOUIS - A graphic designer who quit her job at a newspaper after an incident with her supervisor failed to prove claims of gender discrimination, a hostile work environment, constructive discharge and retaliation, the Eighth Circuit U.S. Court of Appeals ruled Jan. 13, affirming a trial court's decision (Loretta H. Rester v. Stephens Media, LLC, et al., No. 12-3934, 8th Cir.; 2014 U.S. App. LEXIS 598).
WILMINGTON, Del. - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Digital Domain Media Group (DDMG) on Jan. 6 filed an adversary complaint in the U.S. Bankruptcy Court for the District of Delaware seeking to recover $300,000 that it contends constitutes fraudulent transfers (In Re: DDMG Estate, No. 12-12568, Chapter 11, D. Del. Bkcy.).
ATLANTA - A lack of evidence that a Minnesota-based provider of social media training conducted any business in Georgia led a federal judge in that state to dismiss trademark-related claims against him on Dec. 5 for lack of personal jurisdiction (Paradise Media Ventures LLC v. Eric Mills, No. 1:13-cv-01003, N.D. Ga.; 2013 U.S. Dist. LEXIS 171915).
DETROIT - A defendant's "bare-bones" answer to copyright infringement allegations was assessed Nov. 7 by a Detroit federal judge, who found that several of the affirmative defenses raised must be stricken (Malibu Media LLC v. April House, No. 13-12218, E.D. Mich.).
WASHINGTON, D.C. - A September 2012 ruling by the Federal Circuit U.S. Court of Appeals applying the new standard for inequitable conduct established in Therasense Inc. v. Becton, Dickinson & Co. (649 F.3d 1276 $(Fed. Cir. 2011$)) will stand, thanks to an Oct. 15 denial of certiorari by the U.S. Supreme Court in a patent dispute (Sony Computer Entertainment America LLC v. 1st Media LLC, No. 12-1086, U.S. Sup.).
OAKLAND, Calif. - A federal magistrate judge in California on Oct. 10 ordered a plaintiff company in a patent infringement lawsuit to turn over four documents created by its technical consultant regarding the company's purchase of U.S. patent No. 6,088,753 (the '753 patent) after finding the information not protected by the attorney-client privilege (MediaTek Inc. v. Freescale Semiconductor Inc., No. 11-cv-05341 YGR, N.D. Calif.; 2013 U.S. Dist. LEXIS 147032).
CHICAGO - Issuing simultaneous rulings in two parallel Internet file-sharing cases, an Illinois federal judge on Sept. 27 concluded that a copyright holder failed to establish that alleged infringement by the multiple Doe defendants in the two cases arose from "the same transaction, occurrence, or series of transactions or occurrences," severing all but one Doe from each case (Malibu Media LLC v. John Does 1-68, No. 1:12-cv-06675; and Malibu Media LLC v. John Does 1-42, No. 1:12-cv-06677, N.D. Ill.; 2013 U.S. Dist. LEXIS 139068).
OAKLAND, Calif. - Electronic Arts Inc. (EA) and Collegiate Licensing Co. (CLC) announced Sept. 26 that they reached a settlement with former and current student athletes who claim that the National Collegiate Athletic Association (NCAA), EA and CLC violated Section 1 of the Sherman Act by agreeing to fix at zero the amount of compensation the athletes were allowed to receive under NCAA rules for the use of their names, images and likenesses in products or media (In Re NCAA Student-Athlete Name & Likeness Licensing Litigation, No. 09-1967, N.D. Calif.).
WILMINGTON, Del. - Publisher GateHouse Media (GMI) Inc. on Sept. 27 filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware listing debts of more than $1 billion. In his first-day declaration, GMI's CEO says the company should not be required to comply with the requirements of 11 U.S. Code Section 345 because that would be "unduly burdensome" (In Re: GateHouse Media Inc., No. 13-12503, Chapter 11, D. Del. Bkcy.).
SAN JOSE, Calif. - In a Sept. 25 order denying a social media aggregator firm's motion to reconsider a 2012 ruling that found it guilty of spam and computer fraud violations against Facebook Inc., a California federal judge also determined that the company's CEO "authorized and directed" the illegal activities, making him personally liable under the statutes (Facebook Inc. v. Power Ventures Inc., et al., No. 5:08-cv-05780, N.D. Calif.; 2013 U.S. Dist. LEXIS 137890).
LOS ANGELES - The finance manager for bankrupt KSL Media Inc. on Sept. 11 filed a declaration in the U.S. Bankruptcy Court for the Central District of California saying that the company was forced into Chapter 11 bankruptcy by the "criminal malfeasance" of its former corporate controller who allegedly embezzled $145 million from the company between 2006 and 2010 (In Re: KSL Media Inc., No. 13-15929, Chapter 11, C.D. Calif. Bkcy.).
WILMINGTON, Del. - A Delaware federal judge agreed Sept. 5 that certain claims of two patents asserted against Apple Inc. in a dispute over smartphone technology are invalid (MobileMedia Ideas LLC v. Apple Inc., No. 10-258, D. Del.).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 21 upheld a lower court's finding that former professional basketball player Scottie Pippen failed to establish malice in or injury resulting from several websites having falsely reported that he had filed for bankruptcy (Scottie Pippen v. NBCUniversal Media LLC, et al., No. 12-3294, 7th Cir.; 2013 U.S. App. LEXIS 17552).
NEW YORK - The four-year statute of limitations under federal law, rather than two-year statute under state law, applies to class complaint filed in federal court under the Telephone Consumer Protection Act (TCPA), but the tolling rule, as it was announced in American Pipe & Construction Co. v. Utah (414 U.S. 538 $(1974$)), extends only through the denial of class status in the first instance by the district court, the Second Circuit U.S. Court of Appeals ruled Aug. 8, upholding a judgment of dismissal based on untimeliness (Earle Giovanniello v. ALM Media, LLC, No. 10-3854, 2nd Cir.; 2013 U.S. App. LEXIS 16394).
ALEXANDRIA, Va. - Almost a year after initially denying default judgment to an adult website operator in a cybersquatting lawsuit, a Virginia federal judge on Aug. 1 granted a second default judgment motion against eight remaining accused domains, finding that the plaintiff had established that the similarly named domains had been registered in bad faith (Bright Imperial Ltd. v. RT MediaSolutions, S.R.O., et al., No. 1:11-cv-00935, E.D. Va.).
BOSTON - A dispute over the "WAM!" trademark will proceed in Massachusetts, a federal judge there ruled July 12 (Women, Action & the Media Corp. v. Women in the Arts and Media Coalition Inc., No. 13-10089, D. Mass.).
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TAMPA, Fla. - A photographer's copyright infringement claims against the St. Pete Times Forum were rejected June 27 by a Florida federal judge, who found that the arena possessed an implied license to use the disputed images on social media (G. Mitchell Davis v. Tampa Bay Arena Ltd., No. 12-60, M.D. Fla.).