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Court holds that YouTube is entitled to DMCA safe harbor from claims of copyright infringement filed by copyright holders

Loeb & Loeb LLP
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USA
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June 24 2010

A federal district court in the Second Circuit held that YouTube is entitled to the DMCA 512(c) safe harbor because it had insufficient notice of the particular infringements

Viacom International Inc. v. YouTube, Inc

Loeb & Loeb LLP
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USA
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June 24 2010

Court grants summary judgment for YouTube and Google in copyright infringement action for large amount of copyrighted material on website, holding that defendants are entitled to the DMCA 512(c) safe harbor because they had insufficient notice of the particular infringements

Miller v. Facebook, Inc.

Loeb & Loeb LLP
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USA
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June 9 2010

District court holds that plaintiff adequately pleaded copyright infringement against defendant software publisher and contributory copyright infringement against defendant social networking website Facebook, where the defendant publisher distributed his allegedly infringing software through Facebook, and Facebook failed to remove the software from its website after receiving notice of the infringement

Columbia Pictures Industries, Inc., et al. v. Fung, et al.

Loeb & Loeb LLP
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USA
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May 26 2010

In a case arising out of the infringing use of BitTorrent technology, the court grants plaintiff copyright holders a permanent injunction against defendants, finding that plaintiffs met all of the factors for a permanent injunction under eBay

Arista Records LLC, et al. v. Lime Group LLC, et al

Loeb & Loeb LLP
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USA
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May 19 2010

In copyright infringement action against distributors of peer-to-peer file sharing program, court grants plaintiff record companies' motion for summary judgment on their claims of inducement to infringe, common law copyright infringement, and unfair competition

UMG Recordings, Inc. v. Veoh Networks Inc

Loeb & Loeb LLP
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USA
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April 14 2010

District court denies Veoh Networks’ motion for attorney’s fees in DMCA safe harbor litigation, holding, inter alia, that Veoh failed to demonstrate that UMG acted in bad faith by failing to use DMCA’s notice and takedown procedure before filing suit and that UMG’s claims were not objectively unreasonable

Tiffany (NJ) Inc v eBay Inc

Loeb & Loeb LLP
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USA
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April 7 2010

Second Circuit affirms district court judgment in favor of eBay on Tiffany’s direct and contributory trademark infringement and dilution claims based on eBay’s alleged facilitating and advertising of the sale of “Tiffany” goods that turned out to be counterfeit, and remands the false advertising claim because the court was unable to affirm on the record before it that eBay’s advertisements related to the sale of Tiffany goods on its website were not likely to mislead or confuse consumers

Barclays Capital Inc., et al. v. Theflyonthewall.com

Loeb & Loeb LLP
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USA
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March 24 2010

After a bench trial, the district court entered judgment in favor of plaintiff financial institutions on their claims of copyright infringement and "hot news misappropriation" against online aggregator of financial information

Cabell v. Zimmerman

Loeb & Loeb LLP
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USA
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March 24 2010

Defendant’s improper takedown notice did not constitute copyright infringement where plaintiff alleged no affirmative copying of its work and defendant’s failure to investigate independently whether a video was infringing prior to sending the takedown notice did not constitute misrepresentation under 17 U.S.C. 512(f

Maverick Recording Co., et al. v. Harper

Loeb & Loeb LLP
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USA
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March 3 2010

Fifth Circuit affirmed the district court’s decision granting summary judgment to plaintiff record companies for copyright infringement, based on defendant individual’s sharing of digital audio files, but reversed the lower court’s determination that the defendant was an “innocent infringer.”