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336 results found

Article

Akerman LLP | USA | 8 Jul 2016

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) ("Vimeo"), a landmark decision concerning the

Article

McDermott Will & Emery | USA | 29 May 2014

Copyright statute of limitation trigged on actual or constructive notice

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

Article

White & Case LLP | USA | 21 May 2014

Second Circuit adopts plaintiff-friendly "discovery rule" for copyright infringement claims

The Second Circuit has ruled in Psihoyos v. Wiley & Sons that the "discovery rule" determines when the statute of limitations begins to run in

Article

Loeb & Loeb LLP | USA | 7 Apr 2014

Psihoyos v. John Wiley & Sons, Inc.

Second Circuit adopts "discovery rule" for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to

Article

Jones Day | USA | 5 Aug 2011

New York district court revives application of "discovery" rule to the statute of limitations for Copyright Act claims in the Second Circuit

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.

Article

McDermott Will & Emery | USA | 30 Jun 2010

The sneaky chef cookbook gets “thin” copyright protection

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

Article

McDermott Will & Emery | USA | 31 May 2010

Case dismissed: non-infringement found solely on complaint

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.

Article

Loeb & Loeb LLP | USA | 10 Jun 2009

William A. Graham Co. v. Haughey, et al.

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.

Article

Loeb & Loeb LLP | USA | 10 Jun 2009

Broadvision, Inc. v. General Electric Co., et al.

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.

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