IP Case Briefs – General Steel Domestic Sales, LLC v. Chumley. U.S. District Court Colorado. False Advertising, trade secret and cybersquatting law. SUMMARY: A company that engaged in the sale and distribution of prefabricated steel buildings terminated one of its employees. The terminate...
Copyright Case Brief: Liang v. AWG Remarketing, Inc, 126 F. Supp. 3d 964 (2015). United States District Court, Southern Ohio, Eastern Division (Copyright Standing and Licensing Formalities) SUMMARY: This case involves a copyright dispute over an automobile auction website. FACTS: Autom...
Copyright Case Briefs: Adobe Systems, Inc. v. A&S Electronics, Inc. – Northern District California! SUMMARY: This case is about the alleged infringement of a licensee of Adobe Systems software and involves Lanham Act, copyright infringement, and breach of contract claims. This case comes f...
When the SIIA comes calling (in the form of a software audit letter) IntroductionI recently reviewed a letter from the powerhouse bay area intellectual property law firm of Donahue Fitzgerald, LLP. We have dealt with this firm and their copyright lawyers many many times. The letter demanded a ...
Copyright Case Briefs: Triad Systems Corp. v. Southeastern Express Company, 64 F.3d 1330 (9th Cir. 1995). U.S. Court of Appeals, Ninth Circuit. SUMMARY: Southeastern Express Company (“Southeastern”) appealed the district court's grant of a preliminary injunction in favor of Triad Systems C...
Pegasus Imaging Corp. v. Allscripts Healthcare Solutions, Inc., 2010 WL 497720 (M.D. Fla. Feb. 9, 2010). Middle District Court, Florida SUMMARY: Software developer Pegasus Imaging Corp. filed suit against health records company Allscripts Healthcare Solutions, Inc. over software code. FACTS...
Copyright Case Briefs: Apple Inc. v. Pystar Corp. (September 28, 2011). United States Court of Appeals, Ninth Circuit. SUMMARY: Apple sued Psystar for copyright infringement based on its use of Apple's software on Psystar computers. FACTS: The Defendant-Appellant, Psystar Corp. (“Psystar”...
Copyright Case Briefs – Adobe Systems Inc. v. One Stop Micro, Inc., 84 F. Supp. 2d 1086 (N.D. Cal. 2000). Software licensing agreement or a true sale? SUMMARY: This case comes from the United States District Court, Northern District of California. Adobe Systems Inc (“Adobe”) sued One Stop ...
Communication Decency Act Overview (“CDA”) and Internet Liability Introduction A website like Youtube, Twitter and Facebook are bound to wind up with defamatory comments posted on its websites. But does that make the interactive service provider liable for defamation simply because the comme...
Social Media and Copyright Infringement Case Law: Grumpy Cat Ltd. v. Grenade Beverage, LLC. Case No. SA CV 15-2063-DOC. Grumpy Cat Ltd. Complaint Plaintiff Grumpy Cat Ltd. filed a complaint against Grenade Beverage LLC for copyright infringement, trademark infringement, false designation of o...
Theft of Idea under Copyright Law in the 9th Circuit – The E.T. Spielberg case – [736 F.2d 1352] Introduction Our law firm can assist writers, authors, screenplay and other creative artists in copyright theft of idea cases. For example, pitching a reality TV show and someone steals your ide...
MDY Industries, LLC v. Blizzard Entertainment, Inc., 629 F.3d 928 (9th Cir. 2010). United States Court of Appeals, Ninth Circuit SUMMARY: Defendant created a bot which allowed players of Plaintiff's World of Warcraft to automatically advance beyond the beginning levels. Plaintiff Blizzard E...
Key case law in the world of streaming media piracy Introduction – The Tickbox case Several Alliance for Creativity and Entertainment (aka “ACE”) members sued a company called Tickbox TV, a company that was selling “fully-loaded” Kodi boxes which ACE refers to as a “piracy device.” Recen...
UDRP Domain Name Disputes – Who needs to prove what? Introduction When you are involved in a UDRP domain name dispute (for example with WIPO or the National Arbitration Forum) you need to know who has to prove what. This blog will give you a general understanding of what you need to know. T...
eBay Legal Updates – Case Law You Need to Know by Attorney Steve® Introduction Many eBay sellers believe that eBay could be doing a better job of removing infringing items and counterfeit goods from their website. Here are two lawsuits brought against eBay that shed some light on the “safe ha...
Copyright Basics: Copyrighting a letter with business ideas in it, can it be done? #IdeaTheftLawyer Introduction If you have a great idea that you think can help out a business and help them make more money (for example you have an idea that will make a company's web-based software much bett...
Copyright Watchdog® Alert – Covert monitoring of your companies computer networks? Oh boy. Introduction NOTICE: According to an article I just read, software trade associations may be monitoring the software usage of legitimate honest companies that have legally purchased software. At this...
Federal Lanham Act – What you need to know! Half Truths can be actionable under the Lanham Act Under the Lanham Act, “unfair competition” against a competitor is unlawful, even if it merely deals with so called “½ truths.” Plaintiff must alleged allege and prove (Carry the Burden of Proof) ...
Copyright Case Briefs [Music Law]: Skidmore v. Led Zeppelin, 106 F. Supp. 3d 581 (E.D. Pa. 2015) – 2018 update, case is sent back to trial court by the 9th circuit court. Reversible error was committed at trial in the jury instructions. 2018 Update – The Ninth Circuit court has ruled that a ...
Copyright Case Briefs: Oracle Am., Inc. v. Google Inc., 131 F. Supp. 3d 946 (N.D. Cal. 2015) Summary This case deals with allegations of willful copyright infringement. Oracle brought action against Google for violation of Oracle''s copyright in the Java Application programming platform that...
Copyright Case Briefs – Beastie Boys v. Monster Energy Co., 112 F. Supp. 3d 31 (S.D.N.Y. 2015) Summary Post-trial, after a jury found for the Beastie Boys for willful copyright infringement and intentional deception in relation to the false endorsement trademark claim, the band filed a motion...
California Music Infringement Law Firm – Copyright Case Briefs! Summary This case has to do with copyrighted music and “standing” to file a lawsuit. Pro se plaintiff's case was dismissed and was unable to re-open the case after agreeing to a settlement with a majority of the defendants. Fac...
Savant Homes, Inc. v. Collins, 809 F.32 1133 – United States Court of Appeals, First Circuit. SUMMARY: A custom home designer held a registered copyright in a floor plan. The home designer brought action against homeowners, a builder, and a designer, alleging copyright infringement, contribut...
Case: Lorenzana v. South American Restaurants Corp., 799 F.3d 21 (2015) – United States Court of Appeals, First Circuit. SUMMARY: This case underscores the concept that copyright protection only extends to the eight categories available under 17 U.S.C. §102(a). The court held that a chicken...
Intellectual Property – Legal issues with Escape Rooms!!! Trademarks, Copyrights, and Trade Secrets. Introduction – what is an escape room? From what I can tell “Escape Rooms” are gaining momentum across the United States. If you have never heard of these basically an owner or leasee of pr...
For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!
