Not a Lexis+ subscriber? Try it out for free.

Intellectual Property

Top 10 Copyright Cases for the Month of November 2010

1. Hudson Ins. Co. v. Colony Ins. Co., No. 09-55275, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 23033, April 5, 2010, Argued and Submitted, Pasadena, California, November 5, 2010, Filed

OVERVIEW:  A coinsurer was properly awarded equitable contribution from a coinsurer for its costs incurred in defending an insured because the underlying lawsuit potentially stated a cause of action for slogan infringement, which was covered by the insurance policy, and thus, there was a duty to defend the insured in the underlying action.

CORE TERMS:  slogan, infringement, authentic, duty to defend, causes of action, insured, curtain, steel, coverage, insurer ...

Lexis.com subscribers can view the enhanced version of Hudson Ins. Co. v. Colony Ins. Co.

Non-subscribers can use lexisOne's Free Case Law search to view the free, un-enhanced version of Hudson Ins. Co. v. Colony Ins. Co.

 

2. Ahanchian v. Xenon Pictures, Inc., No. 08-56667, No. 08-56906, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 22910, February 2, 2010, Argued and Submitted, Pasadena, California, November 3, 2010, Filed

OVERVIEW:  Because the author clearly demonstrated the "good cause" required by Fed. R. Civ. P. 6, and because there was no reason to believe that the author was acting in bad faith or was misrepresenting his reasons for asking for the extension, the district court abused its discretion in denying the author's timely motion for an extension.

CORE TERMS:  deadline, summary judgment, extension of time, local rule, excusable neglect, good cause, abused, defense counsel, calendaring, weekend ...

Lexis.com subscribers can view the enhanced version of Ahanchian v. Xenon Pictures, Inc.

Non-subscribers can use lexisOne's Free Case Law search to view the free, un-enhanced version of Ahanchian v. Xenon Pictures, Inc.

 

3. Ahanchian v. Xenon Pictures, Inc., No. 08-56667, No. 08-56906, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 22883, February 2, 2010, Argued and Submitted, Pasadena, California, November 3, 2010, Filed,  PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS., Decision reached on appeal by, Remanded by Ahanchian v. Xenon Pictures, Inc., 2010 U.S. App. LEXIS 22910 (9th Cir. Cal., Nov. 3, 2010)

OVERVIEW:  As a collection of independent skits, a movie was a collective work under 17 U.S.C.S. § 101, with distinct copyrights for each skit under 17 U.S.C.S. § 201(c), and since an author testified producers stated only yes, no, or go back to it when he read them his skits, joint authorship was not shown; summary judgment to the producers was reversed.

CORE TERMS:  skit, summary judgment, movie, contract claim, copyright infringement, joint authorship, certificate, disputed, attorneys' fees, genuine issues of material fact ...

Lexis.com subscribers can view the enhanced version of Ahanchian v. Xenon Pictures, Inc.

Non-subscribers can use lexisOne's Free Case Law search to view the free, un-enhanced version of Ahanchian v. Xenon Pictures, Inc.

 

4. Software Freedom Conservancy, Inc. v. Best Buy Co., 09 Civ. 10155 (SAS), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2010 U.S. Dist. LEXIS 125426, November 29, 2010, Decided, November 29, 2010, Filed

CORE TERMS:  successors in interest, merger, dollars, asset sale, de facto, continuation, successor, benefit of creditors, infringing, electronics ...

Lexis.com subscribers can view the enhanced version of Software Freedom Conservancy, Inc. v. Best Buy Co.

Non-subscribers can access Federal Case Law, Codes, Shepard's® Citations, Administrative, Legislative, and Secondary Sources using LexisNexis' Research Value Package.

 

5. Broad. Music, Inc. v. Shane's Flight Deck, Ltd., CIVIL ACTION NO. 1:09-CV-2151, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, 2010 U.S. Dist. LEXIS 124501, November 24, 2010, Decided, November 24, 2010, Filed

CORE TERMS:  statutory damages, infringement, musical compositions, plus interest, default judgment, injunction, licensing, hourly rate, Copyright Act, judgment filed ...

Lexis.com subscribers can view the enhanced version of Broad. Music, Inc. v. Shane's Flight Deck

Non-subscribers can access Federal Case Law, Codes, Shepard's® Citations, Administrative, Legislative, and Secondary Sources using LexisNexis' Research Value Package.

 

6. 3M Co. v. Mohan, Civil No. 09-1413 ADM/FLN, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, 2010 U.S. Dist. LEXIS 124672, November 24, 2010, Decided, November 24, 2010, Filed

CORE TERMS:  stethoscope, littmann, cardiology, trademark, kila, customer, brand, logo, statutory damages, chestpiece ...

Lexis.com subscribers can view the enhanced version of 3M Co. v. Mohan

Non-subscribers can access Federal Case Law, Codes, Shepard's® Citations, Administrative, Legislative, and Secondary Sources using LexisNexis' Research Value Package.

 

7. WinCan Am., Inc. v. CD Lab AG Multimedia Sys., CIVIL ACTION NO. 3:09CV-103-S, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY, 2010 U.S. Dist. LEXIS 124759, November 24, 2010, Decided, November 24, 2010, Filed

CORE TERMS:  wincan, lab, software, trademark, counterclaim, registration, summary judgment, distributor, good faith, registered ...

Lexis.com subscribers can view the enhanced version of WinCan Am., Inc. v. CD Lab AG Multimedia Sys

Non-subscribers can access Federal Case Law, Codes, Shepard's® Citations, Administrative, Legislative, and Secondary Sources using LexisNexis' Research Value Package.

 

8. Tes Franchising, LLC v. Dombach, CIVIL ACTION NO. 10-0017, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2010 U.S. Dist. LEXIS 124751, November 24, 2010, Decided, November 24, 2010, Filed

CORE TERMS:  counterclaim, bonus, promissory estoppel, email, copyrighted, payroll, bi-weekly, Collection Law, e-mail, copyright infringement ...

Lexis.com subscribers can view the enhanced version of Tes Franchising, LLC v. Dombach

Non-subscribers can access Federal Case Law, Codes, Shepard's® Citations, Administrative, Legislative, and Secondary Sources using LexisNexis' Research Value Package.

 

9. Faulkner Press, L.L.C. v. Class Notes, L.L.C., CASE NO.: 1:08cv49-SPM/GRJ, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, GAINESVILLE DIVISION, 2010 U.S. Dist. LEXIS 123935, November 23, 2010, Decided, November 23, 2010, Filed

CORE TERMS:  film, packages, textbook, lecture, sound recordings, summary judgment, fair use, copied, genuine issue, partial ...

Lexis.com subscribers can view the enhanced version of Faulkner Press, L.L.C. v. Class Notes, L.L.C.

Non-subscribers can access Federal Case Law, Codes, Shepard's® Citations, Administrative, Legislative, and Secondary Sources using LexisNexis' Research Value Package.

 

10. Attachmate Corp. v. Celcom Axiata Berhad, CASE NO. C10-0526-RSM, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON, 2010 U.S. Dist. LEXIS 123501, November 22, 2010, Decided, November 22, 2010, Filed

CORE TERMS:  personal jurisdiction, general jurisdiction, copyright infringement, purposeful, breach of contract, minimum contacts, purposefully, availment, confer, license agreements ...

Lexis.com subscribers can view the enhanced version of Attachmate Corp. v. Celcom Axiata Berhad

Non-subscribers can access Federal Case Law, Codes, Shepard's® Citations, Administrative, Legislative, and Secondary Sources using LexisNexis' Research Value Package.