Posts Tagged: "southern district of new york"

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 that were credited to Les Walker. However, the 47,048 images making up that collection were either once owned or licensed by Zuma. Zuma requested that Getty take down the images in May and Getty complied after having earned less than $100 in total revenues for those pictures. In its lawsuit, Zuma and the other plaintiffs alleged that had committed copyright infringement and violated the integrity of copyright management information under Section 1202 of the Digital Millennium Copyright Act (DMCA) for intentionally altering the copyright attribution information embedded in those images.

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 the operator of an art gallery and café located in close proximity to a MoMA Design Store in New York’s SoHo neighborhood from using a pair of marks that infringe upon MoMA’s own marks. The marks in question in this case are ‘MOMA’ and ‘MOMACHA,’ both of which were filed by MOMACHA, the SoHo café that began operating in April of this year.

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 Balenciaga in the Southern District of New York. Unlike many other copyright suits, which typically involve infringement claims made by a high-end fashion designer against a competitor offering cheap knockoff products, the allegedly infringing products in this case are sold for thousands of dollars more than the original articles marketed by the plaintiff.

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.

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 a lower court’s ruling that claims of patent infringement alleged by Israeli pharmaceutical firm Medinol were barred by the equitable defense of laches. The Federal Circuit’s decision comes after the U.S. Supreme Court overturned the Federal Circuit’s previous precedence on laches as an equitable defense in SCA Hygiene Products v. First Quality Baby Products, decided last year. The case was decided by a panel consisting of Circuit Judges Timothy Dyk, Jimmie Reyna and Kara Stoll.