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On Reconsideration, Magistrate Denies Rule 27 Motion To Discover IP Addresses

SACRAMENTO, Calif. - An adult entertainment company's ex parte petition to discover the names of Internet users associated with certain Internet protocol (IP) addresses was improperly granted, a California federal magistrate judge ruled March 21, ...read more

Judge: Excess Insurers Have No Duty To Defend Bratz Dolls Trademark Dispute

SANTA ANA, Calif. - Because it has been previously determined that MGA Entertainment's primary insurers have a duty to defend an underlying Bratz Dolls trademark dispute, the excess insurance policies are not implicated, a California federal judge ...read more

2nd Circuit Affirms Copyright Ruling In Dispute Over Subtitled Films

NEW YORK - Copyright infringement claims levied against the distributors of 65 classic Russian-language films were properly dismissed by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled May 2 ( Close-Up International Inc. v. Image ...read more

California Federal Judge Tosses Sony Game Console UCL Suit Without Leave To Amend

SAN FRANCISCO - A Sony video game console consumer failed twice to amend his complaint to add sufficient factual allegations in support of his claim that Sony knew that its console would overheat during normal game play with certain newer games, rendering ...read more

High Court Declines To Consider Constitutionality Of Damages In File-Sharing Case

WASHINGTON, D.C. - The U.S. Supreme Court on May 21 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 ...read more

Judge: Investor Failed To Plead Scienter In Securities Class Action Lawsuit

CINCINNATI - Dismissal of a securities class action lawsuit is proper because the shareholder that brought the action has failed to plead scienter, a federal judge in Ohio ruled July 30 ( Bruce E. Ricker v. Zoo Entertainment Inc., et al., No. 11-0490 ...read more

3rd Circuit Affirms Band Producer's Infringement Award

PHILADELPHIA - A lead singer who ignored cease-and-desist letters, service and a default judgment lost her appeal on July 30 before the Third Circuit U.S. Court of Appeals, which affirmed an award of $429,997 for trademark infringement and unfair competition ...read more

Adult Firms Adequately Pleaded Antitrust In .XXX Domain Dispute, Judge Finds

LOS ANGELES - Two adult entertainment firms have sufficiently pleaded claims for conspiracy and monopolization against the International Corporation for Assigned Names and Numbers (ICANN) and a company that it contracted to be registry of the newly approved ...read more

California Panel Overturns Judgment For 'Friends' Star In Agent's Contract Dispute

LOS ANGELES - A trial court erred in requiring an entertainment industry expert to provide names and dates to back up his experience-based opinion that it is custom and practice to continue paying commissions to talent managers after a contract is terminated ...read more

On Remand, Mass. Federal Judge Lets $675,000 Verdict Against File Sharer Stand

BOSTON - Citing "ample evidence of willfulness and the need for deterrence" in an Internet file-sharing case, a Massachusetts federal judge on Aug. 23 allowed a $675,000 copyright infringement verdict against a peer-to-peer network (P2P) user ...read more

Mississippi Appeals Court Affirms $300,000 Verdict For Construction Defects

JACKSON, Miss. - The Mississippi Court of Appeals on Nov. 13 upheld a $300,845.67 award on counterclaims brought against a contractor in a construction defects dispute, determining that the jury received proper instructions before reaching a verdict ...read more

Copyright Holder Cannot Revive Claims Against Former Doe In File-Sharing Case

OAKLAND, Calif. - An adult entertainment firm has failed to allege any facts to show that a California man who was dismissed from a previous file-sharing case infringed a copyrighted film, a California federal judge held Jan. 7, denying the plaintiff's ...read more

9th Circuit Vacates Verdict, Damage Award In MGA, Mattel Case

SAN FRANCISCO - A California federal judge did not abuse his discretion in awarding MGA Entertainment Inc. attorney fees as the prevailing party on copyright infringement claims levied by Mattel Inc., according to a Jan. 24 ruling by the Ninth Circuit ...read more

Appeals Panel: Settlement Shows Insured's Damages Against Insurance Broker

DENVER - A settlement agreement was sufficient to establish that an insured incurred damages for purposes of its negligence and negligent misrepresentation claims against an insurance broker, the Colorado Court of Appeals ruled Feb. 14, reversing the ...read more

7th Circuit: No Confusion Between Movie Title, Rap Duo

CHICAGO - Allegations of trademark infringement over the hit film "50/50" must fail, the Seventh Circuit U.S. Court of Appeals ruled Feb. 21, because a plaintiff is unable to demonstrate the necessary element of confusion (Eastland Music Group ...read more

9th Circuit Affirms: Use Of 'Ed Sullivan Show' Clip Was Fair Use

SAN FRANCISCO - A California federal judge properly granted summary judgment to a copyright infringement defendant, the Ninth Circuit U.S. Court of Appeals ruled March 11 in a case it deemed "a good example of why the fair use doctrine exists" ...read more

Bankruptcy Judge OKs $17.55M Asset Sale, Takeover Of Entertainment Publications

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 7 proceeding of Entertainment Publications LLC on April 22 authorized the sale of the company's assets to a stalking horse bidder for $17.55 million and authorized the trustee ...read more

11th Circuit Affirms Damages, Reverses Fee Ruling In Trademark Case

ATLANTA - A Florida judge abused his discretion in failing to discuss and apply the correct standard in denying a prevailing trademark infringement plaintiff permanent injunctive relief, the 11th Circuit U.S. Court of Appeals ruled May 10 (Slep-Tone Entertainment ...read more

In Demand LLC Sues Trustee, Subsidiary In Bankruptcy Of 'Girls Gone Wild'

LOS ANGELES - In Demand LLC, a video entertainment conglomerate, on May 21filed an adversary complaint in the Chapter 11 proceeding of GGW Brands LLC, the parent company of adult video maker "Girls Gone Wild," seeking $118,000 which it says ...read more

Insurer Has No Duty To Reimburse $1.3M In Defense Costs, 6th Circuit Affirms

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 20 affirmed a lower federal court's ruling that an insurer has no duty to reimburse the $1.3 million in underlying defense costs that an additional insured incurred before it notified the ...read more