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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Specific Software Solutions, LLC v. Institute of Workcomp Advisors, LLC

Specific Software Solutions, a Tennessee LLC, filed a declaratory judgment action against the Institute of WorkComp Advisors, a North Carolina LLC, seeking a declaration of non-infringement of copyrights. This suit was initiated after the Institute sent a cease-and-desist letter alleging copyright infringement, despite its copyright applications not yet being registered with the U.S. Copyright Office. The Institute moved to dismiss, arguing the court lacked subject matter jurisdiction because federal law requires copyright registration as a prerequisite for filing an infringement suit. The court, adopting the "registration" approach, determined that merely filing an application is insufficient for registration; the Copyright Office must first review and decide on the copyrightability of the material. Consequently, finding that the Institute's copyrights were not yet registered, the court granted the motion to dismiss the case without prejudice due to a lack of subject matter jurisdiction.

Copyright LawSubject Matter JurisdictionMotion to DismissDeclaratory JudgmentCopyright RegistrationSixth CircuitIntellectual PropertyFederal CourtsStatutory InterpretationPleading
References
21
Case No. MISSING
Regular Panel Decision

Williams v. A & E Television Networks

Yaina Williams sued A & E Television Networks, Lifetime Entertainment Services, FYI Television Network, and John Doe for copyright infringement. She alleged that her treatment for a reality show titled “Married at 1st Sight,” registered with the Copyright Office, was infringed by the defendants’ series “Married at First Sight.” Defendants moved to dismiss the complaint, arguing that the treatment consisted of unprotectable common stock ideas and scenes a faire, and lacked substantial similarity to their show. The court granted the defendants' motion, finding that the treatment’s elements were primarily unprotectable scenes a faire and that the overall concept and feel of the two works were significantly dissimilar, thus dismissing the copyright infringement claim. Consequentially, claims for contributory and vicarious copyright infringement were also dismissed.

Copyright InfringementContributory InfringementVicarious InfringementReality Television ShowLiterary TreatmentSubstantial SimilarityScenes A FaireIdeas vs ExpressionMotion to DismissRule 12(b)(6)
References
23
Case No. MISSING
Regular Panel Decision

Donna v. Dodd, Mead & Co., Inc.

Natalie Donna, co-author of the children's book *Boy of the Masai*, sued her co-author, Peter Larsen, and publisher, Dodd, Mead & Company, alleging copyright infringement, conspiracy to infringe, and unfair trade practices. Donna's claims arose from three subsequent books by Larsen and his wife, which used a similar format to their original collaboration. Donna contended that *Boy of the Masai* was a composite work, implying separate copyrights for her text. The court, however, applied Second Circuit precedent, ruling that *Boy of the Masai* is a joint work, where co-owners cannot infringe their own copyright. Consequently, the court dismissed the copyright infringement and conspiracy claims, and the unfair trade practices claim was also dismissed due to a lack of pendent jurisdiction, resulting in the dismissal of the complaint in its entirety.

copyright lawjoint authorshipintellectual propertypublishing contractslegal precedentfederal courtjurisdictionliterary propertyco-ownershipinfringement claims
References
8
Case No. MISSING
Regular Panel Decision
Jul 26, 2010

FORTIES B LLC v. America West Satellite, Inc.

The Court issued a Memorandum Order addressing motions in a copyright infringement case. It dismissed claims against Persian Broadcast Service Global, Inc. (PBSG) for lack of personal jurisdiction, finding insufficient evidence of purposeful business transactions or tortious acts with consequences in New York under the state's long-arm statute. The Court also partially granted defendant Amir Shadjareh’s motion for summary judgment, dismissing claims of direct and contributory copyright infringement against him. However, the Court denied Shadjareh's motion regarding vicarious liability for copyright infringement, determining that triable issues of fact exist due to his supervisory role and direct financial interest as the sole owner and principal of PBSG. Claims against "XYZ Company" and "John Doe" were dismissed without prejudice.

Copyright InfringementPersonal JurisdictionLong-Arm StatuteVicarious LiabilitySummary JudgmentMotion to DismissSatellite BroadcastingFilm ProductionIntellectual PropertyFederal Court
References
29
Case No. MISSING
Regular Panel Decision

Rovio Entertainment, Ltd. v. Allstar Vending, Inc.

Rovio Entertainment, Ltd. filed a counterfeiting and trademark infringement action against several defendants for unauthorized use of its Angry Birds copyrights and trademarks. Some defendants settled, and Han When Kuo was dismissed for lack of personal jurisdiction. The Court found it had personal jurisdiction over Toy Amazon Corporation and Yun Long Kuo, who failed to answer or defend, leading to a motion for default judgment. The Court determined that Rovio successfully stated claims for copyright and trademark infringement. Consequently, a default judgment was entered, awarding Rovio $1,200,000.00 in copyright damages and $1,500,000.00 in trademark and counterfeiting damages, totaling $2,700,000.00 plus post-judgment interest, and a permanent injunction was issued against Toy Amazon and Yun Long Kuo to prevent future infringements.

Copyright InfringementTrademark InfringementCounterfeitingDefault JudgmentPermanent InjunctionPersonal JurisdictionLanham ActCopyright ActStatutory DamagesWillful Infringement
References
54
Case No. MISSING
Regular Panel Decision
Nov 03, 2003

Lehman Brothers, Inc. v. Wu

This memorandum order addresses a motion to dismiss brought by third-party defendant Deutsche Bank Securities, Inc. against third-party plaintiff Wei Wu's claim for contribution. Wei Wu was previously accused of copyright infringement by plaintiff Lehman Brothers, Inc. The core legal question examined by the court was whether the Copyright Act, either explicitly or implicitly, or federal common law, establishes a right to contribution between a primary and an ancillary tortfeasor in copyright infringement cases. The court concluded that neither the Copyright Act nor federal common law provides for such a right to contribution. Consequently, the motion to dismiss filed by Deutsche Bank Securities, Inc. against Wei Wu's claim for copyright contribution was granted.

Copyright InfringementContribution ClaimThird-Party LitigationMotion to DismissFederal Common LawCopyright ActAncillary TortfeasorPrimary TortfeasorJudicial InterpretationStatutory Construction
References
4
Case No. 06-CV-2225(JFB)(AKT)
Regular Panel Decision
Jan 26, 2010

Fragrancenet.com, Inc. v. Fragrancex.com, Inc.

Plaintiff FragranceNet.com, Inc. sued defendant FragranceX.com, Inc. alleging extensive copyright and trademark infringement, along with related state law violations. FragranceNet claimed FragranceX copied over 900 copyrighted product images from its website and improperly used FragranceNet's "FRAGRANCENET" and "FRAGRANCENET.COM" trademarks in website metatags and Google AdWords, diverting consumer traffic. FragranceX moved to dismiss the complaint, asserting that the images lacked copyright originality and that FragranceNet did not possess enforceable trademark rights due to issues of ownership transfer and champerty. The Court denied the defendant's motion to dismiss, ruling that FragranceNet had stated plausible claims for both copyright and trademark infringement. The decision emphasized that determinations regarding the originality of copyrighted images and the validity of trademark assignments were factual issues unsuitable for resolution at the motion to dismiss stage.

Copyright InfringementTrademark InfringementTrademark DilutionUnfair CompetitionMisappropriationOnline RetailE-commerceDigital ImagesMetatagsGoogle AdWords
References
62
Case No. MISSING
Regular Panel Decision

Jordan v. SONY BMG MUSIC ENTERTAINMENT, INC.

Plaintiff Maurice S. Jordan sued Wesley Eric Weston, Sony BMG Music Entertainment, Inc. (Sony), and Suckafree Records, Inc. (SRI) over royalties and ownership rights for songs featured on albums released by Weston. Jordan alleged breach of various contracts, copyright infringement, co-ownership, fraud, negligent misrepresentation, and a Texas Theft Liability Act claim against Sony. The Court, applying Texas contract law and the Copyright Act, granted Sony's motion for summary judgment. It found no valid contractual obligations for Sony to Jordan, that Jordan's copyright infringement claims were largely time-barred or lacked merit due to Sony's valid license, and his co-ownership claim was barred by the Copyright Act's statute of limitations due to constructive notice from Sony's 2002 copyright registration. Ultimately, Jordan failed to establish a genuine issue of material fact for trial on any of his claims against Sony.

Copyright InfringementMusic RoyaltiesContract DisputeSummary JudgmentStatute of LimitationsEquitable TollingJoint AuthorshipThird-Party BeneficiaryImplied ContractFraud Claims
References
74
Case No. MISSING
Regular Panel Decision

Rommel v. Laffey

This is a copyright infringement action where plaintiffs alleged defendants misappropriated trade secrets, wrongfully used a business name, and infringed on common law and federal copyrights related to their real estate guide, “Homebuyers,” and the name “The Columbia County Real Estate Guide.” Defendants moved to dismiss the complaint under Fed.R.Civ.P. 12(b)(6), arguing failure to state a claim, while plaintiffs cross-moved for a preliminary injunction. The court found that federal copyright claims were premature due to lack of registration, common law copyright claims were preempted by the Copyright Act, and the misappropriation claim was either preempted or lacked sufficient contractual specifics. Claims under the Lanham Act were not expressly pleaded and lacked supporting allegations, and the claim under N.Y.Gen.Bus.Law § 130 did not confer trade name rights or remedies. Consequently, the court granted defendants' motion to dismiss the complaint in its entirety, denied plaintiffs' cross-motion for a preliminary injunction, and also denied defendants' request for attorney's fees.

Copyright InfringementMotion to DismissPreliminary InjunctionFed.R.Civ.P. 12(b)(6)Common Law CopyrightFederal Copyright ActPreemption DoctrineTrade Secrets MisappropriationLanham ActAssumed Business Name
References
12
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
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