Posts Tagged: southern district of new york


Second Circuit Joins Ninth Circuit Approach to Assessing Individual Copyright Claims in Group Registrations

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision in Sohm v. Scholastic in which the appellate court reversed in part …
By Steve Brachmann
1 month ago 0

Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine

The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
By Steve Brachmann
2 years ago 3

Preliminary Injunction Granted to Alibaba Against AlibabaCoin Cryptocurrency Operators

On Monday, October 22nd, U.S. District Judge J. Paul Oetken of the Southern District of New York entered an opinion and order in a trademark case …
By Steve Brachmann
2 years ago 1

Second Circuit Affirms Dismissal of Copyright Infringement Claims as Time-Barred and Based on Non-Credible Testimony

The U.S. Court of Appeals for the Second Circuit recently issued a summary order in Latin American Music Company v. Spanish Broadcasting System affirming a lower …
By Steve Brachmann
2 years ago 0

Getty Images Wins Summary Judgment in Copyright Case Over Press Photographs

This case stems back to a complaint filed by Zuma Press in August 2016, a few months after Getty displayed and offered thousands of images for commercial use …
By Steve Brachmann
2 years ago 1

Museum of Modern Art Wins Injunction Against MOMACHA On Merits of Trademark Infringement, Dilution Claims

U.S. District Judge Louis Stanton recently issued an opinion granting an injunction requested by New York City’s Museum of Modern Art (MoMA). The injunction prevents …
By Steve Brachmann
2 years ago 0

Complaint Alleges Balenciaga Copied Design of Affordable NYC Souvenirs for Luxury Knockoffs

A New York City-based souvenir and apparel firm City Merchandise filed a complaint alleging claims of copyright infringement against the American subsidiary of French luxury fashion house …
By Steve Brachmann
2 years ago 1

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 …
By Steve Brachmann
2 years ago 0

CAFC Remands Medinol Patent Suit Against Cordis After SCOTUS Overturns Laches Finding

On Thursday, April 20th, the Court of Appeals for the Federal Circuit issued a decision in Medinol Ltd. v. Cordis Corporation et. al. which vacated and remanded …
By Steve Brachmann
2 years ago 1

Seinfeld Moves to Dismiss Copyright Claims over ‘Comedians in Cars Getting Coffee’

In early February, a copyright complaint was filed in the Southern District of New York against comedian Jerry Seinfeld and a series of companies involved with the …
By Steve Brachmann
2 years ago 3

Alibaba Files U.S. Trademark Infringement Suit Against Cryptocurrency Firm Alibabacoin

Alibaba alleges that defendant Alibabacoin (ABBC) Foundation has engaged in an unlawful scheme to misappropriate the Alibaba name in order to raise over $3.5 million in cryptoassets from …
By Steve Brachmann
2 years ago 0

Tom Brady and a Ruling over Embedded Tweets Could Change the Internet and Online Publishing

Of all of the things NFL quarterback Tom Brady has been accused of ruining over the years, the internet is not necessarily at the top of the …
By Franco Galbo
2 years ago 0

McDonald’s Payment Devices Do Not Infringe Digital Rights Management Patents

The Federal Circuit panel of Circuit Judges Timothy Dyk, Jimmie Reyna and Richard Taranto noted that “the matter at hand reveals a gap in our jurisprudence on …
By Steve Brachmann
2 years ago 2

PTAB Judges Shockingly Inexperienced Compared to District Court Judges

This study uncovered several shocking revelations. First, 12.64% of PTAB judges were appointed with less than 5 years of experience prior to their appointment as APJs (i.e., 5 years …
By Gene Quinn
2 years ago 63

Colgate-Palmolive Files Trademark Suit Over Use of ‘360’ Branding on Toothbrushes, Oral Care Products

Colgate-Palmolive (NYSE:CL) filed a lawsuit alleging trademark infringement in the Southern District of New York against Grand Rapids, MI-based oral healthcare company Ranir LLC. At issue …
By Steve Brachmann
2 years ago 0