Monkey Business: Copyright Infringement Claim Backfires for Lawyer-Plaintiff
The creators of the short-lived sitcom Animal Practice walked away with a smash-hit in the courtroom: dismissal of a claim of copyright infringement and an award of over $66,000 in fees and costs, to be paid by the plaintiff that asserted the claim. The dispute in DuckHole, Inc. v. NBC Universal Media LLC et al. centered on the claim
Venus And Serena: United States Tennis Association v. VSW Productions, LLC
The U.S. District Court for the Southern District of New York granted in part and denied in part a documentary production company’s motions to dismiss with respect to its 2012 film Venus and Serena. The Court found that the plaintiff United States Tennis Association’s (“USTA”) unjust enrichment claim under state law was preempted by federal copyright law, but
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Online B2B Marketplace Busted: TradeKey Held Liable for Contributory Trademark Infringement
On October 8, 2013, Judge Feess of the U.S. District Court for the Central District of California granted summary judgment against the owners of the websites www.TradeKey.com, www.SaudiCommerce.com, and www.b2bFreeZone.com, websites offering a “business to business” marketplace for bulk sales of goods. Many of these goods were counterfeits of luxury goods sold under the names of
Sculptor granted royalties in Gaylord v. United States
In the most recent ruling in Gaylord v. United States, the United States Court of Federal Claims determined the proper amount of damages due Frank Gaylord, (“Gaylord”) the sculptor who created “The Column” portion of the Korean War Memorial, from the United States Postal Service (USPS) for its unauthorized depiction of “The Column” on a commemorative
J. Stephen Sheppard’s Client Nate Silver to Appear At SXSports
CDAS Partner J. Stephen Sheppard’s client Nate Silver will be participating on the panel “Media & the Personal Brand: Grantland & 538” during the inaugural SXSports track at the 2014 South By Southwest festival. For more info, please see: http://sxsw.com/sxsports
CDAS Attorneys Named “Super Lawyers”
Seven Cowan, DeBaets, Abrahams & Sheppard attorneys were selected for inclusion in the 2013 edition of New York Metro Super Lawyers. Each year, only five percent of Manhattan attorneys receive this honor. CDAS congratulates attorneys Frederick P. Bimbler, Susan H. Bodine, Timothy J. DeBaets, Robert I. Freedman, Eleanor M. Lackman, Mary E. Rasenberger and Nancy
CDAS Attorneys Named “Super Lawyers”
Seven Cowan, DeBaets, Abrahams & Sheppard attorneys were selected for inclusion in the 2013 edition of New York Metro Super Lawyers. Each year, only five percent of Manhattan attorneys receive this honor. CDAS congratulates attorneys Frederick P. Bimbler, Susan H. Bodine, Timothy J. DeBaets, Robert I. Freedman, Eleanor M. Lackman, Mary E. Rasenberger and Nancy
Fox Television Stations, Inc. et al. v. Filmon X LLC, et al.: Another victory for content providers in the ongoing saga of internet re-transmission of broadcast TV.
The drama continues to unfold in the world of Internet retransmission of broadcast TV. As we reported here, the Second Circuit on July 16 denied en banc rehearing of its holding that internet re-broadcaster Aereo did not violate TV networks’ public performance rights, despite vigorous dissents from Judges Chin and Wesley. On September 5, the U.S.
Troma Entertainment v. Robbins et al.: Court Finds Lack of Personal Jurisdiction in Copyright Infringement Case
On September 6, 2013, the Second Circuit narrowed the potential venues for asserting copyright infringement cases when it affirmed the Eastern District of New York’s dismissal of Troma Entertainment’s copyright infringement lawsuit against California residents Lance H. Robbins and King Brett Lauter for lack of personal jurisdiction (decision here). Defendants Robbins and Lauter had allegedly
Judge Has “More Than a Feeling” About Nominative Fair Use: Donald Thomas Scholz v. Fran Migliaccio and Anthony Migliaccio
A federal court in Washington gave some “Peace of Mind” to former members of legendary rock band Boston when it denied Boston’s band leader a preliminary injunction in a trademark dispute. Plaintiff Donald Thomas Scholz (“Scholz”) is the founder and band leader of Boston, and undisputed owner of all of Boston’s trademarks. Fran Migliaccio and