Posts Tagged: "order"

Fitness Anywhere win Enhanced Damages and Permanent Injunction as Infringement Continued Post Verdict

The order granted post-trial motions filed by Fitness Anywhere both for enhanced damages on the patent infringement findings as well as a permanent injunction against WOSS. Although it wasn’t likely that Fitness Anywhere would recoup the total enhanced patent damages of more than $11 million dollars from WOSS, having recently declared bankruptcy, Villeneuve noted that this decision set an important precedent for the company. Such a ruling was very important to TRX, which has lost sales and has had to layoff employees in California because of the actions of infringing parties. Villeneuve said that the single most important factor leading to the grant of permanent injunction was WOSS’ sale of infringing products after the jury verdict.

Steve Brachmann

December 14, 2018

Judge Rules Photographer Owned Marilyn Monroe Photo Copyright, Fair Use Moves to Trial

U.S. District Judge Paul Engelmayer of the Southern District of New York recently entered an opinion and order in a copyright case involving the famed “Last Sitting” photographs of American movie star Marilyn Monroe. Although the case will continue to proceed towards a trial, Judge Engelmayer resolved various issues in the case including a determination that the owner of the copyrights to the Last Sitting photographs is the trust of the now-deceased photographer who took the photos and not Condé Nast, the publisher of the magazine Vogue where the photographs first appeared in 1962.

Steve Brachmann

August 15, 2018