The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) ("Vimeo"), a landmark decision concerning the
Addressing the issue of accrual of a claim for copyright infringement, the U.S. Court of Appeals for the Second Circuit upheld the lower court’s
The Second Circuit has ruled in Psihoyos v. Wiley & Sons that the "discovery rule" determines when the statute of limitations begins to run in
Second Circuit adopts "discovery rule" for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to
Zalewski v. T.P. Builders, Inc., No. 1:10-cv-876 (GLSRFT) (N.D.N.Y. Aug. 02, 2011) may signal a change of course for courts in the Second Circuit on applying the "discovery" rule to the statute of limitations under the Copyright Act.
In a case involving competing cookbooks aimed at mitigation child and obesity, the U.S. Court of Appeals for the Second Circuit affirmed a district court decision dismissing claims of copyright infringement, trademark infringement and trademark dilution
In deciding a Rule 12(b)(6) motion to dismiss, the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a copyright infringement claim decided on substantive grounds, concluding that the protectable elements of a plaintiffs’ designs were not substantially similar to the defendants’ designs.
Addressing an issue of first impression for the court, the U.S. Court of Appeals for the Third Circuit held that the discovery rule governs the accrual of claims under the Copyright Act, which has a three-year statute of limitations.
Finding that the U.S. Court of Appeals for the Second Circuit has not addressed whether a claim for copyright infringement accrues under the discovery rule (i.e., when plaintiff knew or should have known of the infringement) or the injury rule (i.e., at the time of infringement), the court adopted the injury rule and held that any claims of copyright infringement by defendant The Medical Protective Company (MedPro) more than three years before the action was filed were time-barred.