Dismissal on claim preclusion grounds of suit brought by Media Rights Technologies, Inc., mostly affirmed, but reversed as to products that Microsoft sold after the date when MRT filed a patent infringement suit against Microsoft involving the same set of operative facts, which had been dismissed. The U.S. Court of Appeals in San Francisco has…
A preliminary injunction against a competitor was upheld in light of costume maker Rasta Imposta’s likelihood of success on the merits of its copyright infringement suit. Costume supplier Silvertop Associates, Inc., doing business as Rasta Imposta, was entitled to a preliminary injunction stopping competitor Kangaroo Manufacturing from selling a “knock-off” full-body banana costume because Rasta…
Protected elements of illustrated children’s book were not substantially similar to defendants’ book and animated adaptation as a matter of law. The U.S. Court of Appeals in Philadelphia has affirmed a district court’s decision holding that an author of a children’s illustrated book failed to state a copyright infringement claim against media company Viacom International,…
A clothing company that knowingly included inaccurate information in its copyright application—which rendered its registration invalid—was ordered to pay $121,423 in costs and attorney fees to retail outlets that successfully defended themselves against infringement claims. In a copyright infringement action brought by clothing company Gold Value International Textile, Inc,. alleging infringement of its fabric design…
Although the litigant was unsuccessful in her prior litigation, allowing her to proceed now by asserting facts completely opposite to those she asserted earlier would create the perception that the earlier court was misled. A litigant who previously had claimed that she was the co-author of a 1978 Julio Iglesias song was estopped from now…
The operator of a YouTube channel criticizing the pastor of a church was not entitled to punitive damages in a malicious prosecution case when the church relied on counsel in initiating a copyright infringement suit. In a malicious prosecution of copyright infringement claims brought by the operator of a YouTube channel that featured videos containing…
A defendant need not obtain a favorable judgment on the merits in order to be a “prevailing party” under the fee-shifting provisions of the Copyright Act and Lanham Act. Case date: 25 March 2019 Case number: No. 17-4046 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on…
Part 1 of this post explained the background to the development of shadow libraries and their growth in recent years. This post will analyse the nature of the works downloaded and discuss the implications of shadow libraries for the future of scholarly publishing. What is being downloaded? Over the 4.5 month period in 2014/15, 760,868…
In January 2018, Google filed a petition to ask the U.S. Supreme Court to review two adverse rulings by the Court of Appeals for the Federal Circuit in the Oracle Am. Inc. v. Google Inc. case. The first was the Federal Circuit’s 2014 decision overturning a district court ruling that several thousand declarations that Google…
The lyrics “stay with me” and “lay with me” were common in love songs were not entitled to copyright protection, and protectable elements of the parties’ songs were not substantially similar. Dismissal of the songwriter’s infringement claims was affirmed. Case date: 13 February 2019 Case number: No. 18-5915 Court: United States Court of Appeals, Sixth Circuit A full…
