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Archive for the ‘Jurisdiction’ Category

Eleventh Circuit Applies Copyright Act’s Collective Works Provision to CD-ROM Collection By Dmitriy Tishyevich — Edited by Andrew Ungberg Greenberg v. National Geographic Society 11th Circuit, June 30, 2008, No. 05-16964 Slip Opinion On June 30, the Eleventh Circuit issued a divided en banc opinion, affirming by a 7-5 vote the panel decision in Greenberg II, which had vacated Greenberg I. Writing for the majority, Judge Barkett held that National Geographic was privileged to reproduce its print issues. Section 201(c) ... Read More...
Posted On Jul - 6 - 2008 Comments Off READ FULL POST
First Circuit Lifts Trademark Injunction to Make Way for Super Duck By Miriam Weiler — Edited by Evie Breithaupt Boston Duck Tours v. Super Duck Tours First Circuit, June 18th, 2008, Nos. 07-2078, 07-2246 Slip Opinion On June 18, the First Circuit lifted a preliminary injunction granted by the District Court of Massachusetts, which had enjoined Super Duck Tours, LLC (“Super Duck”) from using the phrase “duck tours” in its trade name and the cartoon of a duck in its ... Read More...
Posted On Jun - 30 - 2008 1 Comment READ FULL POST
Ninth Circuit Applies Fourth Amendment to Text Messages at Work By Anna Volftsun — Edited by Evie Breithaupt Quon v. Arch Wireless Operating Company, Inc. Ninth Circuit, June 18, 2008, No. 07-55282 Slip Opinion On June 18, 2008, the Ninth Circuit held that the City of Ontario, California violated the Fourth Amendment when Ontario Police Department officials viewed text messages sent by a department employee. The court also held that Arch Wireless, the city’s service provider, had violated the Stored ... Read More...
Posted On Jun - 28 - 2008 2 Comments READ FULL POST
Federal Circuit Affirms Award of Attorney Fees for Inequitable Conduct and Litigation Misconduct By Christina Hayes — Edited by Stephanie Weiner Nilssen v. Osram Sylvania, Inc. Federal Circuit, June 17, 2008, No. 2007-1198 Slip Opinion The Federal Circuit affirmed the judgment of the U.S. District Court for the Northern District of Illinois granting a motion for attorney fees to Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively, “Osram”) due to the inequitable conduct and litigation misconduct of the appellants ... Read More...
Posted On Jun - 21 - 2008 Comments Off READ FULL POST
Ninth Circuit Assesses Copyright Damage Awards By Debbie Rosenbaum — Edited by Stephanie Weiner  Derek Andrew, Inc. v. Poof Apparel Corp. 9th Circuit, June 11, 2007 Slip Opinion  The Ninth Circuit reversed and remanded in part the decision of the District Court for the Western District of Washington, which had awarded statutory damages under the Copyright Act for a copyright infringement, as well as attorney’s fees.  Under § 504(a) and (c) of the Copyright Act, a copyright owner can elect ... Read More...
Posted On Jun - 19 - 2008 Comments Off READ FULL POST
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