In Maloney v. T3Media, Inc. d/b/a Paya.com, No. 15-55630 (9th Cir. April 5, 2017) (Available Here), the Court of Appeals for the Ninth Circuit held that plaintiff’s state law claims were preempted by section 301 of the federal Copyright Act because plaintiffs sought to hold … [Read more...]
Trademark Claims Preempted by Copyright Act
A federal district court dismissed plaintiff’s trademark infringement claims over an ad campaign using the phrase “Nobody Puts Baby in a Corner” because the Copyright Act preempted all aspects of the trademark claim. In Lions Gate Entertainment, Inc. v. TD Ameritrade Services … [Read more...]
Antenna To Internet Re-Transmission Of TV Broadcast Not Copyright Infringement
The Second Circuit Court of Appeals affirmed the denial of a preliminary injunction, finding that the Aereo’s Internet re-transmission of live TV programs did not infringe on the plaintiff copyright holders’ right to publicly perform. WNET, et al. v. Aereo, Inc. f/k/a Bamboom … [Read more...]
Supreme Court Extends Reach Of The First Sale Doctrine Under The Copyright Act
The U.S. Supreme Court held that the first sale doctrine under the Copyright Act extends to goods lawfully manufactured abroad and purchased in the United States. Kirtsaeng v. John Wiley & Sons, Inc., Case No. 11-697 (U.S. March 19, 2013) (available here). John Wiley & … [Read more...]
