Credit-Card Processors May be Held Liable for Contributory Trademark Infringement in Gucci Counterfeit Suit By Sharona Hakimi – Edited by Matt Gelfand Gucci America, Inc. v. Frontline Processing Corp., No. 09 Civ. 6925 (HB) (S.D.N.Y. June 23, 2010) Order On June 23, 2010, Judge Harold Baer of the U.S. District Court for the Southern District of New York denied a motion to dismiss claims of contributory trademark infringement brought by fashion label Gucci America, Inc. (“Gucci”) against a group of ... Read More...
Archive for the ‘Jurisdiction’ Category
District Court Rules YouTube Protected by DMCA Safe Harbor Provisions in Viacom Copyright Infringement Suit By Chinh Vo – Edited by Gary Pong Viacom Int’l Inc. v. YouTube, Inc., No. 07 Civ. 2103 (S.D.N.Y. June 23, 2010) Slip Opinion hosted by Justia.com On June 23, 2010, the U.S. District Court for the Southern District of New York granted Google’s motion for summary judgment in a copyright infringement suit brought against its video-sharing service YouTube by media company Viacom. In dismissing ... Read More...
Tenth Circuit Rejects First Amendment Challenge to U.S. Copyright Law By Abby Lauer – Edited by Gary Pong Golan v. Holder, Nos. 09-1234 & 09-1261 (10th Cir., June 21, 2010) Slip Opinion Section 514 of the Uruguay Round Agreements Act (URAA), codified in 17 U.S.C. § 104A, restored the U.S. copyrights of foreign authors who had lost copyright protection for failing to comply with certain formalities required by U.S. law. Plaintiffs challenged Section 514 as a violation of the First ... Read More...
Summary Judgment Entered Against Chuck DeVore on Copyright Claims By Harry Zhou – Edited by Helen He Henley v. DeVore, No. 8:09-cv-00481-JVS-RNB (C.D. Cal. Jun. 10, 2010) Order The U.S. District Court for the Central District of California issued a formal ruling on Musician Don Henley’s copyright and Lanham Act claims against California Assemblyman Chuck DeVore. Rejecting DeVore’s fair use defense, the court entered summary judgment in favor of Henley on all claims of copyright infringement. Henley’s false endorsement claim ... Read More...
By Kassity Liu Judge Orders Copyright Plaintiff to Justify Joining Thousands of Defendants in a Single Lawsuit Ars Technica reports that Federal Judge Rosemary Collyer ordered the US Copyright Group to explain why joining thousands of anonymous “John Does” into one lawsuit is permissible under the Federal Rules of Civil Procedure (FRCP). The judge, after encountering one case that was filed against 4,577 anonymous P2P defendants, issued the order requiring the Group to “convince [her] within two weeks that jamming ... Read More...
