IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 2 , 2011


Table of Contents:

• United Fabrics International, Inc. v. C&J Wear, Inc.

• Kwan v. Schlein

United Fabrics International, Inc. v. C&J Wear, Inc., USCA Ninth Circuit, January 26, 2011

• The Ninth Circuit reverses the district court’s sua sponte dismissal of plaintiff’s copyright infringement claim, explaining that the defendants failed to rebut the presumption of plaintiff’s valid copyright because the defendants did not provide any evidence denying or disputing the facts in the copyright certificate.

Kwan v. Schlein, USCA Second Circuit, January 25, 2011

• The Second Circuit affirms the district court’s holding that where a claim of copyright infringement cannot be decided without adjudicating a dispute concerning plaintiff’s ownership of the underlying copyright, and plaintiff’s ownership claim was time-barred by the statute of limitations, the claim of copyright infringement is also time-barred.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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