Design Data Corp. v. Unigate Enterprises, Inc.

(United States Ninth Circuit) – In an action under the Copyright Act, alleging defendant infringed the copyright on plaintiff’s computer aided design program by downloading an unauthorized copy of the program and importing and distributing within the United States program output generated by a Chinese contractor using an unauthorized copy of the program, the district …

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Perfect 10, Inc. v. Giganews, Inc.

(United States Ninth Circuit) – In a copyright case involving the Usenet, an international collection of organizations and individuals whose computers connect to one another and exchange messages posted by Usenet users, the district court’s judgment in favor of defendants is affirmed where: 1) the volitional conduct requirement was not met on plaintiff’s theories that …

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Uni Colors, Inc. v. Urban Outfitters, Inc.

(United States Ninth Circuit) – In a copyright infringement case involving fabric designs, the district court’s summary judgment in favor of plaintiff on the issue of infringement is affirmed where the district court did not err in: 1) its application of the subjective ‘intrinsic test’; and 2) concluding, on summary judgment, that the plaintiff had …

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Star Athletica, L. L. C. v. Varsity Brands, Inc.

(United States Supreme Court) – In a copyright infringement suit brought by a company that owns 200 copyright registrations for two-dimensional designs–consisting of various lines, chevrons, and colorful shapes–appearing on the surface of cheerleading uniforms that they design, make, and sell, against a competitor who also markets cheerleading uniforms, the Sixth Circuit Court of Appeals’ …

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Close v. Sotheby's, Inc.

(United States Ninth Circuit) – Affirmed in relevant part, finding that federal copyright law largely preempts California’s Resale Royalties Act, Cal. Civ. Code section 986, which grants artists a right to five percent of the proceeds on any resale of their artwork under specified circumstances.

Great Minds v. FedEx Office and Print Services, Inc.

(United States Second Circuit) – Affirming a district court judgment dismissing a copyright infringement suit brought by a producer of educational materials against FedEx for their duplication of the products on behalf of school districts, whose use was licensed as noncommercial, because the distinction between their use and FedEx’s facilitation of their use should have …

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