Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so. Before us is a case about a lawyer who tried to establish that a company owned ...   MORE>>

I. Introduction In 1974, songwriter, recording artist, producer, and performer Abrim Tilmon, Jr. ( Tilmon ), composed the song You re Getting a Little Too Smart ( Smart ). In 1976, Tilmon assigned all of his rights to the song to Plaintiff Bridgeport Music, Inc. ( Plaintiff )...   MORE>>

Appeal from a judgment of the United States District Court for the Southern District of New York (Batts, J.), on Plaintiff-Appellee Patrick Cariou s claim that Defendant-Appellant Richard Prince s artworks infringe on Cariou s registered copyrights in certain photographs. We conclude that the ...   MORE>>

These three interlocutory appeals arise from a complicated and acrimonious litigation, charging RICO, trademark, and copyright violations along with Indiana torts, that has been percolating in the district court for almost five years. The origins of the litigation go back to 1956, when Sister Mary E...   MORE>>

Defendants-Appellants, who collectively operated as a video game publisher, entered into a contract with Plaintiff-Appellee, a video game developer, to produce and market a new video game. When their business relationship deteriorated, the parties proceeded with arbitration, and the arbitrator award...   MORE>>

Klein-Becker USA and Klein-Becker IP Holdings (collectively Klein-Becker ) sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright infringement, false advertising, and unfair competition under the Lanham Act; false advertising under the Utah Truth in Advertising Act; un...   MORE>>

We must decide whether the owners of mobile multimedia messaging networks can be held liable for copyright infringement that allegedly occurs on their networks. I Plaintiffs Luvdarts LLC and Davis-Reuss, Inc. ( Luvdarts ) are California corporations that produce, publish, distribute and ...   MORE>>

This case is yet another concerning the application of established intellectual property concepts to new technologies. See, e.g., UMG Recordings, Inc. v. Shelter Capital Partners, LLC, F.3d (9th Cir. 2013); Perfect 10, Inc. v. Visa Int l Serv. Ass n, 494 F.3d 788 (9th Cir. 2007); Viacom ...   MORE>>

The exclusive rights that a copyright owner has to distribute copies. . . of [a] copyrighted work, 17 U. S. C. 106(3), are qualified by the application of several limitations set out in 107 through 122, including the first sale doctrine, which provides that the owner of a particular copy or phonorec...   MORE>>

This is a copyright infringement suit over a seven-second clip of Ed Sullivan s introduction of the Four Seasons on The Ed Sullivan Show. Appellees Dodger Productions, Inc. and Dodger Theatricals, Ltd. (collectively Dodger ) used the clip in their musical about the Four Seasons, Jersey Boys, ...   MORE>>