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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.


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.


Loeb & Loeb LLP | USA | 16 Feb 2012

Frerck v. John Wiley & Sons, Inc

Plaintiff Robert Frerck, a photographer, entered into limited license agreements with defendant John Wiley & Sons, Inc., a textbook publisher, for use of a number of plaintiff’s photographs in defendant’s publications.


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.


Steptoe & Johnson LLP | USA | 24 Sep 2011

Courts at a loss on the meaning of “loss”

A federal district court in Illinois in CustomGuide v. CareerBuilder, LLC ruled that lost sales resulting from an unauthorized access to a computer system, but unrelated to any interruption in the system’s services, do not constitute a compensable “loss” within the meaning of the CFAA.


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.


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).


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.


Holland & Knight LLP | USA | 29 Jun 2011

Allegations of defendant's acts as a group sufficient to plead copyright and trademark infringement

Judge Zagel granted in part defendants' motion to dismiss plaintiff Healix Infusion Therapy's ("Healix") complaint, which included copyright infringement, trademark infringement and tortious interference claims, all related to the parties' competition for medical infusion services, as follows.


Traub Lieberman Straus & Shrewsberry LLP | USA | 23 May 2011

Illinois court addresses coverage for trade dress infringement

In its recent decision Priceless Clothing Co. v. Travelers Casualty Ins. Co. of America, 2011 U.S. Dist. LEXIS 53833 (N.D.Ill. May 19, 2011), the United States District Court for the Northern District of Illinois had occasion to consider the scope of advertising injury coverage afforded under a general liability policy.