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Article

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

Article

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

Article

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.

Article

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.

Article

Holland & Knight LLP | USA | 26 Mar 2012

Officers can be liable for corporate trademark and copyright infringement

Judge Der-Yeghiayan denied defendant Aksoy’s motion to dismiss in this Lanham Act case regarding the CHICAGO TROLLEY mark for use with Chicago Trolley Tours.

Article

Holland & Knight LLP | USA | 22 Feb 2012

Shared downloading of a movie makers joinder

Judge Bucklo denied the Doe defendants' various motions to quash or dismiss in this BitTorrent copyright infringement case.

Article

Holland & Knight LLP | USA | 6 Jan 2012

"Conclusory" arguments are fatal to preliminary injunction

Judge Castillo denied plaintiff EnVerve's motion for preliminary injunction in this copyright infringement action involving advertisements.

Article

Holland & Knight LLP | USA | 6 Sep 2011

Kanye West's "Stronger" did not infringe based upon "fragmented literal similarity"

Judge Kendall granted defendants' (collectively "Kanye West") Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff Vince P's copyright infringement claim.

Article

Holland & Knight LLP | USA | 20 Jul 2011

Suit against unidentified defendants was "problematic" with potential for "abuse"

Judge Shadur dismissed this case without prejudice as to all defendants based upon plaintiff's failure to serve any of the 300 Doe defendants within the required 120 days pursuant to Fed. R. Civ. P. 4(m).

Article

Holland & Knight LLP | USA | 18 Jul 2011

Maps, not underlying data, warrant copyright protection

Judge Pallmeyer granted plaintiff Nielsen's: 1) Fed. R. Civ. P. 12(b)(1) motion to dismiss defendant Truck Ads' declaratory judgment claim for lack of copyright infringement; and 2) Fed. R. Civ. P. 56 motion for summary judgment regarding Truck Ads' copyright misuse counterclaim in this copyright case regarding Nielsen's designated marketing area ("DMA") maps.

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