U.S. Supreme Court holds that Aereo's near-contemporaneous transmission of broadcast television programs over Internet to subscribers violates
Ninth Circuit holds that Supreme Court’s eBay decision applies in copyright cases and requires that plaintiff seeking preliminary injunction show irreparable harm, and concludes that plaintiff failed to establish it. Click here for a copy of the full decision.
U.S. Supreme Court denies certiorari in copyright infringement action brought by record companies against plaintiff who asserted the “innocent infringer” defense, and Justice Alito dissents.
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.
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.
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.
U.S. Supreme Court reverses Second Circuit to hold that Section 411(a) of the Copyright Act, which requires a copyright owner to obtain copyright registration before filing an action for infringement, is a precondition for filing a copyright infringement claim but does not restrict a federal court’s subject matter jurisdiction to hear claims involving unregistered copyrights.