The federal district court in Philadelphia did not err in dismissing copyright infringement claims brought by Daniel Marino, against popular musician Usher—Marino’s co-creators of the song Club Girl—and several music industry entities, the U.S. Court of Appeals in Philadelphia has decided. Furthermore, Marino’s attorney, Francis Malofiy, was properly sanctioned by the lower court for contacting an unrepresented defendant in the case in violation of the local rules. All of the other appealable rulings made by the district court (Marino appeared to have appealed each one, including those that were unappealable, the court noted) were affirmed (Marino v. Usher, December 8, 2016, McKee, T.).

A full summary of this case has been published on Kluwer IP Law.


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