S.D.N.Y. Intellectual Property Law

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In a February 6, 2017 ruling, Judge Richard J. Sullivan rejected the defendant’s claim that the plaintiffs waived their right to actual copyright infringement damages by failing to request them in their initial disclosures.  The Court wrote:Although Plaintiffs “corrected” this disclosure a mere five days later . . . , Defendant argues that this purported

In a March 16, 2016 ruling, Judge Shira A. Scheindlin denied the defendant’s motion to dismiss a complaint alleging willful direct, induced and contributory infringement. Applying the Iqbal standard for all three types of infringement, Judge Scheindlin found the allegations of direct infringement adequate, writing:Allegations that plead that “a specific product [] allegedly infringes

In a February 16, 2017 ruling, Judge Katherine B. Forrest declined to remand a complaint alleging claims for unjust enrichment, conversion and restitution, and an accounting arising from the defendant’s exploitation of a taped ice skating performance by the plaintiff, finding that the Copyright Act likely preempted the claims.  First, the Court found that

In a February 3, 2016 ruling, Judge Colleen McMahon declined to dismiss the plaintiff’s copyright infringement claim, finding that the defendant’s computing programming services under a written agreement constituted a “work-for-hire” under the Copyright Act. Judge McMahon found that the defendant’s work was specially commissioned pursuant to a written agreement designating the work as