Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
- American Broadcasting Companies, Inc. v. Aereo, Inc., USCA Second Circuit, April 1, 2013: Second Circuit affirms district court’s denial of plaintiffs’ request for preliminary injunction prohibiting defendant, Aereo,...more
Private PublicIn an industry where technology is constantly evolving and racing to keep up with consumer habits, a recent court ruling came down to one basic component: antennas....more
In This Issue: - Effie Film, LL v. Murphy, USDC S.D. New York, March 22, 2013 (amended opinion): District court grants plaintiff’s motion for judgment on the pleadings in action for declaratory judgment that...more
Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18...more
Do you need to buy a last minute Valentine’s Day gift? You may be thinking of picking up the best-selling book Fifty Shades of Grey. Be careful – you need to read this post so that you are not confused and buy something else....more
Many businesses fail to recognize that their original website content is valuable intellectual property and fail to take steps to adequately protect that content from being stolen or misused by a competitor. With little cost...more
As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances...more
Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more
In This Issue: Celador Int’l Inc. v. American Broadcasting Companies, Inc., USCA Ninth Circuit, December 3, 2012 (unpublished opinion): Ninth Circuit upholds $269 million jury award against ABC and other Disney...more
For many of us, our whole life is on our laptop. And if it were lost, we would give anything to get it back. That’s how music producer and singer-songwriter Ryan Leslie felt when he lost a bag containing his MacBook,...more
Many video game creators go to great lengths to ensure that their games are highly realistic. Weapons, sound effects, uniforms, athletic abilities, locations, logos and other details are often copied from the real world and...more
Table of Contents: Alexander v. Murdoch, USCA Second Circuit, November 14, 2012 - Second Circuit affirms dismissal of plaintiff’s copyright infringement and other claims against defendants, creators and producers...more
Table of Contents: Muller v. Anderson, USCA Second Circuit, November 8, 2012 (unpublished opinion) - Circuit court affirms summary judgment in favor of producers and creators of motion picture Alien v. Predator,...more
Copyright law is a body of federal law that protects “original works of expression” such as songs, musical compositions, photographs, and books, etc. created by musicians, DJs, artists and authors. Copyright law, in summary,...more
Table of Contents: - Mena v. Fox Entertainment Group District court grants defendants’ motion to dismiss plaintiff’s copyright-infringement action, finding no substantial similarity between plaintiff’s copyrighted...more
The facts in the recent Federal Court decision of Leuthold v CBC (2012 FC 748) are relatively straight-forward, if somewhat peculiar. The CBC commissioned a documentary entitled As the Towers Fell, about the September 11,...more
Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more
In This Issue: Patents: ..En Banc Court Deeply Divided on Divided Infringement ..Entire Market Value Rule–R.I.P.? ..Lack of Enablement Snares Patent’s Open-Ended Claim Scope ..Concentration Range...more
Table of Contents: - Diller v. Barry Driller, Inc.: District court preliminarily enjoins creator of internet site BarryDriller.com from continuing to use the name “Barry Driller” to market an internet streaming...more
As you may recall, we asked the question in a recent blog post “Are You Willing to Pay $22,500 to Download A Song?” Well, we now ask “Are you willing to pay $9250 to download a song?” ...more
Picture a sexy young bride, reclining sensuously on the nuptial bed. Smiling seductively, she lifts her wedding dress — a stretch white mini — to give her new husband a glimpse of the lingerie covering her private parts....more
Table of Contents: - Capitol Records Inc. v. Thomas-Rasset: Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more
Table of Contents: Capitol Records Inc. v. Thomas-Rasset - Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more
You might remember KaZaA, a file-sharing site that allowed users to share music. Jammie Thomas-Rasset likely remembers it, and vividly. She was the first person to challenge the recording industry when it began coming after...more
Table of Contents: - Petrella v. Metro-Goldwyn-Mayer Inc. - Ninth Circuit affirms grant of summary judgment in copyright action alleging that defendants infringed plaintiff’s interests in a book and two screenplays...more
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