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47 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 | 1 Feb 2016

Balancing Copyright Owners' Rights With ISP Immunities

Courts continue to search for the proper balance between copyright owner rights and Internet Service Provider (ISP) immunities in copyright


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 Apr 2014

"Deliberate ignorance" sufficient mens rea for criminal conviction under DMCA

As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening


Holland & Knight LLP | USA | 24 Mar 2014

Online product management beyond DMCA safe harbor

The Digital Millennium Copyright Act (DMCA) was in large part designed to help content providers prevent copyright infringement on the Internet


Holland & Knight LLP | USA | 29 Jan 2014

Failure to properly plead valid copyright registration warrants dismissal

Judge Tharp granted Defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss Counts I and II for failure to state a claim under which relief can be


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

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