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Results: 1-10 of 70

Counterclaim need not plead facts to overcome statute of limitations affirmative defense

  • Holland & Knight LLP
  • -
  • USA
  • -
  • June 17 2013

Judge Shadur denied plaintiff Flava Works’ Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s copyright infringement counterclaims. The fact that

Must decide form of dismissal before considering fees

  • Holland & Knight LLP
  • -
  • USA
  • -
  • March 28 2012

Judge Manning mooted defendant Groh’s objections to the Magistrate Judge’s failure to award attorney’s fees for a voluntary dismissal in this copyright and trademark action

Default judgment requires damages prove-up

  • Holland & Knight LLP
  • -
  • USA
  • -
  • August 31 2012

Judge Shadur acknowledged that pro se plaintiff’s motion for default was timely in this copyright infringement case

Bald recitation of standard dismissed

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 17 2012

Judge Grady granted in part defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Flava Works' complaint in this copyright case involving adult entertainment on the internet

Failure to serve complaint courtesy copies leads to fine

  • Holland & Knight LLP
  • -
  • USA
  • -
  • March 7 2014

Judge Shadur sua sponte ordered plaintiff Malibu Media to serve a courtesy copy of its copyright complaint on the Court in compliance with Local Rule

Shared downloading of a movie makers joinder

  • Holland & Knight LLP
  • -
  • USA
  • -
  • February 22 2012

Judge Bucklo denied the Doe defendants' various motions to quash or dismiss in this BitTorrent copyright infringement case

Extent of alleged copying and control of company support suit against corporate principals

  • Holland & Knight LLP
  • -
  • USA
  • -
  • December 13 2013

Judge Durkin denied the individual defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss the individual defendants in this Lanham Act and copyright

Court grants summary judgment based upon no likelihood of confusion

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2013

Judge Nolan granted defendant E. Mishan & Sons (“EMS”) motion for summary judgment on plaintiff Hearthware’s copyright, Lanham Act and related state law

Kanye West's "Stronger" did not infringe based upon "fragmented literal similarity"

  • Holland & Knight LLP
  • -
  • USA
  • -
  • September 6 2011

Judge Kendall granted defendants' (collectively "Kanye West") Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Vince P's copyright infringement claim

Suit against unidentified defendants was "problematic" with potential for "abuse"

  • Holland & Knight LLP
  • -
  • USA
  • -
  • July 20 2011

Judge Shadur dismissed this case without prejudice as to all defendants based upon plaintiff's failure to serve any of the 300 Doe defendants within the required 120 days pursuant to Fed. R. Civ. P. 4(m