Summaries of Recent Precedential and Informative Appellate Opinions
Certiorari Granted
Supap Kirtsaeng v. John Wiley & Sons,
Inc., No. 15-375 (Jan. 15,
2016)
The US Supreme Court granted certiorari without comment. The
question presented in the petition for certiorari is "What is
the appropriate standard for awarding attorneys' fees to a
prevailing party under § 505 of the Copyright Act?" Mr.
Kirtsaeng appeals from a Second Circuit decision affirming a
district court's decision to deny an award of attorneys'
fees based on its finding that John Wiley & Sons had an
objectively reasonable basis for bringing its copyright
infringement lawsuit.
Precedential Copyright Opinions
Simmons v. Stanberry, No.
14-3106 (2nd Cir. Jan. 15, 2016)
Per Curiam. Affirming the district court's dismissal
of a copyright infringement action as time-barred under 17 U.S.C.
§ 507(b), where the plaintiff, a hip-hop writer and producer,
waited more than three years to sue for copyright infringement
after learning that rapper Curtis Jackson (50 Cent) used a beat in
a song that Mr. Simmons had allegedly exclusively licensed and Mr.
Jackson denied infringement. The Second Circuit found that the suit
was time-barred even as to alleged infringing acts that had
occurred less than three years before suit was filed, because
§ 507(b) requires suit to be brought within three years of
first learning of the infringement dispute.
Precedential Trademark Opinions
LFP IP, LLC v. Hustler Cincinnati,
Inc., No. 15-3135 (6th Cir. Jan. 13,
2016)
Sutton, J. In a long-running business dispute between
brothers Jimmy and Larry Flynt, affirming that the district court
did not abuse its discretion by modifying a 2011 permanent
injunction that prohibited Jimmy from using "Hustler" and
"Larry Flynt"-related trademarks owned by Larry. The
Court found that the district court properly adjusted its
injunction to account for changed circumstances, and that one
sibling can receive a trademark on his name that can prevent a
sibling from using his name, as long as the scope of the injunction
is properly tailored.
A Corp. v. All Am. Plumbing,
Inc., No. 15-1509 (1st Cir. Jan. 27,
2016)
Thompson, J. Affirming dismissal of trademark infringement
action based on lack of personal jurisdiction over defendant in
Massachusetts. Alleged infringement on defendant's website that
is accessible in Massachusetts was insufficient to establish
specific personal jurisdiction over the defendant.
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