By Ryan Smith and Thomas F. Zuber of Zuber & Taillieu
The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its… More...
Holding: The U.S. Court of Appeals for the Ninth Circuit ruled that Metro-Goldwyn-Mayer Pictures, Inc., and not the heirs of the creator of Pink Panther, owns the copyright to the Pink Panther motion picture (“Motion Picture”). In affirming the decision of the District Court, the Ninth Circuit held that circumstances of… More...
Holding: In this advertising dispute, the U.S. Court of Appeals for the Tenth Circuit ruled that the digital wire-frame models of Toyota sedans used in a 2004 promotional campaign were not entitled to copyright protection for Meshwerks, Inc., the company that was hired to create them. Citing a basic rule that… More...
Holding: The U.S. Court of Appeals for the Ninth Circuit resolved a novel issue: whether the Copyright Act, particularly 17 U.S.C. § 412, bars an award of statutory damages for post-registration infringements when the initial act of infringement occurred prior to the effective copyright registration date. Here, plaintiff-appellee, Derek Andrew, Inc.… More...
Holding: The U.S. District Court for the Western District of Washington held that the plaintiff second buyer of defendant Autodesk’s (“Autodesk”) copyrighted AutoCAD design software could legally auction such product on eBay, thus overruling Autodesk’s objection that its copyright prohibited resale. In particular, the District Court declared the transfer of the… More...
Holding: The U.S. Court of Appeals for the Eleventh Circuit ruled that a twin high-rise condominium complex built by developer Donald Trump and others (“defendants-appellees”) did not infringe architect Paul Oravec’s (“plaintiff-appellant” or “Oravec”) copyrighted architectural designs. In affirming the District Court’s ruling, the Eleventh Circuit found differences between plaintiff-appellant’s designs… More...
Holding: A Federal Circuit upheld a district court’s denial of defendant GlowProducts’ motion to dismiss for lack of subject matter jurisdiction based on plaintiff Litecubes’ copyright and patent infringement action relating to defendant’s lighted artificial ice cube. According to the Federal Circuit, a plaintiff is able to establish subject matter jurisdiction… More...
Holding: On a motion for summary judgment involving four claims of infringement, a Virginia district court ruled that no reasonable jury could return a verdict that defendant Digisplint’s website selling finger splint products did not infringe plaintiff Silver Ring Splint’s copyright relating to its 1994 sales catalog also selling finger splint… More...
Holding: The U.S. District Court for the District of Maryland dismissed a claim for breach of contract relating to plaintiff The Nichols Agency’s (“NAI”) copyrighted marketing works. According to the Court, NAI’s breach of contract claim that defendant Enchanted Child Care, Inc. (“ECCI”) displayed its commercials without permission was “substantively similar”… More...
Holding: The U.S. District Court for the Eastern District of Tennessee denied defendant textbook publisher‘s motion to dismiss a fraud claim. Plaintiff copyright holder accused defendant of entering into a relationship allegedly under false pretenses designed to lower the cost of obtaining the copyrighted paintings. Even though this stated fraud could… More...
Holding: The U.S. District Court for the Eastern District of Michigan, Southern Division, denied plaintiff rock band members’ application for a preliminary injunction that sought to restrain a video game’s use of a new recording of their song. According to the trial court, plaintiffs failed to establish the requisite of having… More...
