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Results: 1-10 of 137

Warren Publishing Co., et al. v. Spurlock

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • August 12 2009

District court grants summary judgment holding that defendant’s reproduction of several graphic works, originally used as monster magazine covers by plaintiff, in a book retrospective of an artist’s career is a fair use based on finding that defendant’s use is transformative because the purpose of a retrospective of an artist’s work has a different purpose than magazine covers that are intended to sell copies of the magazine

Capitol Records, Inc., et al. v. Alaujan, et al.

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • June 24 2009

In this copyright infringement action brought against several defendants for allegedly downloading sound recordings using a peer-to-peer network, one defendant filed a motion to dismiss in which he asserted that the statutory damages available to private parties under the Copyright Act, 17 U.S.C. 504(c) which range from $750 to $150,000 per infringement are so excessive and punitive in nature that they essentially convert his case into a criminal proceeding and violate his right to due process

Peter F. Gaito Architecture, LLC v. Simone Development Corp

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • April 14 2010

Addressing an issue of first impression in this circuit, the Second Circuit holds that a district court can resolve the question of substantial similarity on a motion to dismiss when the similarity of the two works concerns only non-copyrightable elements and where no reasonable jury could find that the two works are substantially similar

Steele, et al. v. Turner Broadcasting System, Inc., et al.

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • April 29 2009

Plaintiff Samuel Bartley Steele is a songwriter and musician who allegedly wrote a “love anthem” about the Boston Red Sox entitled Man I Really Love This Team (“the Steele Song”) and a “derivative” version of the song entitled Man I Really Love This Town, that removed specific references to the Red Sox (the “Derivative Song”

Ladd v. Warner Bros. Entertainment, Inc

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • June 2 2010

The California Court of Appeal holds that Warner Bros breached the implied covenant of good faith and fair dealing owed to plaintiff, Alan Ladd Jr, a profit participant in several movies, when it allocated the same share of licensing fees to every movie in packages of films regardless of each movie's value

Latimore v. NBC Universal, Inc., et al.

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • May 20 2009

On its own motion, the court dismissed Sonya Latimore’s complaint for copyright infringement and breach of contract against defendants, including NBC Universal, Inc. and Kim Fuller, a partner of McCreary & Fuller Public Relations Corp

Rich & Rich Partnership v. Poetman Records USA, Inc., et al.

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • May 26 2010

Court holds that plaintiff's copyright registration of a derivative work is unenforceable because plaintiff did not adequately identify in the registration application the pre-existing work that the plaintiff's work was based on or incorporated

Design Ideas, Ltd. v. Things Remembered, Inc.

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • January 13 2010

In copyright infringement action relating to sculptures used on a basket, court denies defendant’s motion for judgment as a matter of law or new trial after the jury awarded all of defendant’s profits to plaintiff as damages, despite the fact that the district court had determined as a matter of law that three of the sculptures on the basket were not infringing, holding that the jury could have reasonably concluded that the infringing works sold because of the infringing designs and, therefore, all of the profits were attributable to the infringement

Kourtis, et al. v. Cameron, et al.

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • December 9 2009

In copyright infringement suit against producer of two films in Terminator series, Ninth Circuit approves imposition of a costs bond under California law, and affirms grant of attorney’s fees and costs where plaintiffs' claims were objectively unreasonable

RealNetworks, Inc, et al v DVD Copy Control Association, Inc, et al

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • March 10 2010

RealNetworks settles with major motion picture studios and DVD CCA over its RealDVD software and agrees to have distribution of its software enjoined