Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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Lions Gate Entertainment Inc. v. TD - Ameritrade Services Co. Inc. USDC, C.D. California, March 14, 2016

District court holds Lions Gate's trademark-related claims under Lanham Act and related state law are preempted by Copyright Act in suit over financial services ad campaign that used modified version of famous line "Nobody...more

3/26/2016 - Copyright Lanham Act Preemption The Copyright Act Trademark Infringement Trademarks

Counts v. Meriwether - USDC, C.D., California, March 9, 2016

Following dismissal of two screenwriters’ copyright infringement claims against writers, producers, broadcasters and distributors of television series “New Girl,” district court grants defendants more than $760,000 in...more

3/17/2016 - Attorney's Fees Copyright Infringement Dismissals Fee-Shifting Screenplays Television Shows The Copyright Act

Dryer v. The National Football League (USCA, Eighth Circuit, February 26, 2016 )

In action involving films produced by NFL containing historical game footage, Eighth Circuit affirms summary judgment in favor of NFL, holding that former players’ right of publicity claims are pre-empted by Copyright Act,...more

3/7/2016 - Football Free Speech Lanham Act NFL Preemption Right of Publicity Summary Judgment The Copyright Act

Fahmy v. Jay Z - USDC, C.D. California, February 1, 2016

District court enters final judgment dismissing plaintiff’s copyright infringement suit against Jay Z with prejudice, finding that its previous ruling that plaintiff’s claimed “moral rights” were not cognizable under American...more

2/12/2016 - Copyright Infringement Dismissal With Prejudice Final Judgment Moral Rights Standing Subject Matter Jurisdiction The Copyright Act

Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act....more

2/8/2016 - Article III Copyright Infringement Copyright Litigation PETA Standing The Copyright Act

TCA Television Corp. v. McCollum - USDC, S.D. New York, December 17, 2015

District court dismisses plaintiffs’ claim of copyright infringement, finding that use of Abbott and Costello’s “Who’s On First?” routine in Broadway play “Hand to God” is transformative use and is protected by fair use...more

1/9/2016 - Chain of Title Copyright Infringement Fair Use The Copyright Act Transformative Use

Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, Distric of Columbia, December 2, 2015

District court holds Internet television streaming service is not eligible for compulsory license under Section 111 of Copyright Act because it does not meet definition of “cable company” and therefore infringed...more

12/11/2015 - Broadcasting Cable Operators Compulsory Licenses Copyright Infringement FilmOn X Fox Television Stations Public Performance Rights The Copyright Act

Keeling v. Hars - USCA, Second Circuit, October 30, 2015

Second Circuit affirms denial of summary judgment on defendant’s counterclaim seeking declaration that plaintiff’s theatrical script parodying 1991 motion picture “Point Break” was not entitled to copyright...more

11/6/2015 - Copyright Copyright Infringement Fair Use Originality The Copyright Act

Fahmy v. Jay Z - USDC, C.D. California, October 21, 2015

District court grants defendants’ motion for judgment as matter of law, finding that songwriter’s heir did not have standing to sue for copyright infringement because he had conveyed all his economic rights (copyright) to the...more

10/30/2015 - Assignments Bifurcation Copyright Copyright Infringement Copyright Litigation Egypt Judgment As A Matter Of Law Jury Trial Moral Rights Royalties Song Lyrics Standing The Copyright Act

The Authors Guild v. Google, Inc. USCA Second Circuit, October 16, 2015

Second Circuit affirms district court's holding that Google's creation of searchable, digital copies of tens of millions of books constitutes fair use under Copyright Act, because Google's search service merely provides...more

10/23/2015 - Author's Guild v Google Authors Copyright Copyright Infringement Copyright Litigation Databases De Novo Standard of Review Fair Use Google Google Books Keyword Search Libraries Popular Search Engines The Copyright Act Transformative Use Transformativeness

Baldwin v. EMI Feist Catalog, Inc. - USCA, Second Circuit, October 8, 2015

Second Circuit overturns district court ruling and holds that notice of termination sent to EMI for song “Santa Claus Is Comin’ to Town” successfully terminated 1981 grant of rights because, despite the lack of recordation of...more

10/16/2015 - Copyright Copyright Litigation Cross Motions EMI Entertainment IP Assignment Agreements Song Lyrics Sound Recording Copyrights Summary Judgment Termination Rights The Copyright Act

Rupa Marya v. Warner/Chappell Music Inc. - USDC, Central District of California, September 23, 2015

District court grants plaintiffs summary judgment, holding that defendants never acquired rights in and do not own valid copyright to lyrics of “Happy Birthday to You.” In 1893, the Hills assigned their rights to the...more

10/2/2015 - Copyright Copyright Infringement Copyright Litigation Copyright Registration Intellectual Property Protection Licensing Rights Public Domain Putative Class Actions Song Lyrics Successor Interests Summary Judgment The Copyright Act

Brown v. Twentieth Century Fox Home Entertainment - USDC, E.D. Kentucky, August 27, 2015

Pro se plaintiff Rhonda Kay Jackson Brown, author of the novel Jackson Road and the related screenplay, “Mother’s Son,” brought copyright infringement and unfair competition claims against Twentieth Century Fox and...more

9/3/2015 - Copyright Copyright Infringement Copyright Litigation Motion to Dismiss Personal Jurisdiction Preemption Substantially Similar The Copyright Act Twentieth Century Fox Unfair Competition

Guzman v. Hacienda Records and Recording Studio, Inc. - USDC, S.D. Texas, August 18, 2015

Defendant Hacienda Records and Recording Studio, Inc. prevailed on a copyright infringement claim brought by plaintiff Jose O. Guzman following a bench trial in the U.S. District Court for the Southern District of Texas....more

8/28/2015 - Attorney's Fees Copyright Copyright Infringement Copyright Litigation Cost Recovery Expert Witness Litigation Fees & Costs Precedential Opinion SCOTUS The Copyright Act

Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, C.D. California, July 16, 2015

District court holds that Internet television streaming service is eligible for compulsory licenses under § 111 of Copyright Act because it meets requirements of definition of “cable company” and Copyright Act does not...more

7/24/2015 - Cable Television Providers Compulsory Licenses Copyright Copyright Infringement Copyright Litigation Copyright Office FilmOn X Fox Television Stations Internet Streaming Motion for Summary Judgment Preliminary Injunctions Stays The Copyright Act

16 Casa Duse, LLC v. Merkin - USCA, Second Circuit, June 29, 2015

In matter of first impression, Second Circuit affirms ruling that director does not own copyright interest in film that he directed, because his creative contributions were inseparable from and integrated into...more

7/10/2015 - Breach of Contract Copyright Copyright Infringement Copyright Litigation Film Industry First Impression Motion for Summary Judgment Preliminary Injunctions Sanctions The Copyright Act Tortious Interference TRO Work-For-Hire

Counts v. Meriwether - USDC, C.D. California, June 12, 2015

District court dismisses breach of contract and conversion claims in lawsuit brought by two screenwriters who alleged defendants used script to create television series "New Girl," holding breach of contract claim was...more

6/19/2015 - Breach of Contract Conversion Equitable Tolling Preemption Screenplays Screenwriters Television Shows The Copyright Act

John Wiley & Sons, Inc. v. Kirtsaeng - USCA, Second Circuit, May 27, 2015

Second Circuit affirms denial of defendant’s request for attorneys’ fees in copyright infringement dispute, finding plaintiff pursued objectively reasonable litigation position, having previously prevailed in both district...more

6/5/2015 - Attorney's Fees Copyright Copyright Infringement Copyright Litigation First Sale Doctrine Imports Intellectual Property Litigation Kirtsaeng v. John Wiley & Sons Publishers Publishing Copyrights SCOTUS The Copyright Act

Ryan v. Editions Limited West, Inc. - USCA, Ninth Cir., May 19, 2015

Ninth Circuit holds Copyright Act does not preclude enforcement of contractual attorneys’ fee provision in copyright-based litigation. Artist Victoria Ryan sued Editions Limited West, Inc. (ELW), a publisher of her...more

5/30/2015 - Appeals Art Attorney's Fees Copyright Copyright Infringement Copyright Litigation Fee-Shifting Preemption Publishing Copyrights The Copyright Act

Ray v. ESPN, Inc. - USCA, Eighth Circuit, April 22, 2015

Eighth Circuit affirms dismissal of professional wrestler’s state-law right of publicity claims arising from ESPN’s re-telecast of wrestling match footage as preempted by Copyright Act....more

5/1/2015 - Athletes Dismissals ESPN Preemption Right of Publicity Sports The Copyright Act

American Broadcasting Cos., Inc. v. Aereo, Inc.

USDC, Southern District of New York, October 23, 2014 - In light of Supreme Court’s recent decision that defendant Aereo, Inc., engaged in public performances under Copyright Act by capturing over-the-air broadcast...more

10/31/2014 - ABC v Aereo Copyright Public Performance Rights SCOTUS Television Broadcast Stations The Copyright Act

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014: On remand from the U.S. Supreme Court, which held that doctrine of laches could not bar plaintiff's copyright infringement claims involving...more

8/29/2014 - Copyright Copyright Infringement Estoppel Laches Petrella v. MGM Raging Bull Remand SCOTUS The Copyright Act

CBS Broadcasting Inc. v. FilmOn.com, Inc.

CBS Broadcasting Inc. v. FilmOn.com, Inc. - USDC, S.D.N.Y., July 24, 2014: District court issues second contempt finding against unauthorized content redistributor FilmOn.com, finding that FilmOn.com violated...more

8/1/2014 - ABC v Aereo Broadcasting CBS Consent Order Contempt Copyright Copyright Infringement Entertainment Industry Injunctions Redistribution SCOTUS Technology Television Broadcast Stations The Copyright Act

American Broadcasting Cos. v. Aereo, Inc.

American Broadcasting Cos. v. Aereo, Inc. - U.S. Supreme Court, June 25, 2014: U.S. Supreme Court holds that Aereo’s near-contemporaneous transmission of broadcast television programs over Internet to subscribers...more

7/3/2014 - ABC ABC v Aereo Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Petrella v. Metro-Goldwyn-Mayer, Inc.

Petrella v. Metro-Goldwyn-Mayer, Inc. - United States Supreme Court, May 19, 2014: Resolving circuit split concerning applicability of laches to copyright claims, U.S. Supreme Court reverses Ninth Circuit ruling that...more

5/23/2014 - Copyright Copyright Infringement Equitable Estoppel Estoppel Laches MGM Petrella v. MGM SCOTUS Statute of Limitations The Copyright Act

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