IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - January 12, 2011

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Table of Contents:

UMG Recordings, Inc. v. Augusto; Allen v. Scholastic Inc.; and, Illusionist Distribution, LLC v. Sony Pictures Classics, Inc.

UMG Recordings, Inc. v. Augusto, USCA Ninth Circuit, January 4, 2011

In a copyright infringement action, the Ninth Circuit holds that (1) UMG’s shipment of promotional compact discs (“CDs”) constituted a “sale” within the meaning of the “first sale” doctrine, and (2) the defendant’s subsequent sale of those CDs “was therefore permissible without UMG’s authorization.”

Allen v. Scholastic Inc., USDC S.D. New York, January 6, 2011

Court grants defendant publisher’s motion to dismiss copyright infringement claim filed by author of book about wizards, holding there is no substantial similarity between plaintiff’s book and Harry Potter and the Goblet of Fire.

Illusionist Distribution, LLC v. Sony Pictures Classics, Inc., USDC C.D. California, November 4 and November 23, 2010

In trademark infringement action, court denies plaintiff’s ex parte application for a temporary restraining order, concluding that plaintiff is unlikely to establish a protectable trademark for its motion picture “The Illusionist” or any likelihood of confusion.

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