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26 results found


Holland & Knight LLP | USA | 27 May 2019

Copyright Owner Had Rule 11 Basis to Sue IP Address Owner for BitTorrent Infringement

Malibu Media, LLC v. Palella, No. 18 C 3041, Slip Op. (N.D. Ill. Apr. 12, 2019) (Lee, J.). Judge Lee denied defendant’s Fed. R. Civ. P. 12(b)(6)


Holland & Knight LLP | USA | 2 Mar 2018

Cloud Back Up of Copyrighted Material May be Infringing Act

Flava Works, Inc. v. Gunter dba myVidster.com, et al., No. 17 C 1171, Slip Op. (N.D. Ill. Jan. 30, 2018) (Gettleman, J.). Judge Gettleman granted in


Holland & Knight LLP | USA | 15 Nov 2017

Failure to Respond to Summary Judgment Leads to Final Judgment, Injunction & Attorney’s Fee Award

Judge Dow granted plaintiff Monster Energy’s motion for summary judgment, granting final judgment, a permanent injunction and attorney’s fees in this


Holland & Knight LLP | USA | 12 Apr 2017

Individual Copyright Claims Must Differentiate Between Corporate and Individual Liability

Judge Kocoras granted in part with leave to replead defendant’s Fed. R. Civ. P. 12 (b)(6) motion to dismiss in this copyright dispute...


Holland & Knight LLP | USA | 11 Mar 2015

Discovery rule applies to 7th Circuit copyright claims

Judge Pallmeyer denied defendant McGraw-Hill’s motion for summary judgment regarding a statute of limitations and granted in part plaintiff Panoramic


Holland & Knight LLP | USA | 10 Jul 2013

Interactive website does not create personal jurisdiction

Judge Shadur granted defendant LeaseWeb USA (“LeaseWeb”) Fed. R. Civ. P. 12(b)(2) & (6) motion to dismiss for lack of personal jurisdiction and


Holland & Knight LLP | USA | 24 Jun 2013

BitTorrent Doe defendants must be part of the same “swarm” at the same time to be joined in suit

Judge Shadur sua sponte ordered plaintiff Zambezia Film to identify those Doe defendants that could be properly joined pursuant to Fed. R. Civ. P


Holland & Knight LLP | USA | 17 Jun 2013

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

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


Holland & Knight LLP | USA | 31 Aug 2012

Default judgment requires damages prove-up

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


Holland & Knight LLP | USA | 15 Aug 2012

Theft of lyrics not relevant to copyright infringement case

Judge St. Eve denied a Fed. R. Civ. P. 24 motion to intervene by Romano in this copyright case.

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