AQUARIAN FOUNDATION, INC. V. LOWNDES

The panel affirmed in part and reversed in part the district court’s judgment in favor of defendant Bruce Lowndes after a bench trial in a copyright action brought by Aquarian Foundation, Inc. Aquarian, a non-profit religious organization, alleged infringement of... Read more →

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TANGLE, INC. V. ARITZIA, INC.

The panel affirmed the district court’s dismissal of a claim of trade dress infringement, reversed the district court’s dismissal of a claim of infringement of copyright in kinetic and manipulable sculptures, and remanded. As to the copyright claim, the panel... Read more →

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Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.

Considering the market benefits to Designworks from unrestricted and widespread use of floorplans in home resale listings and the absence of nonspeculative market harms to Designworks from such use, we conclude that the effect of such use on the market... Read more →

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Capitol Records v. Vimeo

Plaintiffs, rightsholders of musical recordings, all affiliates of EMI, appeal from the judgment of the United States District Court for the Southern District of New York (Ronnie Abrams, J.) granting summary judgment to defendants, Vimeo, Inc. and Connected Ventures, LLC... Read more →

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Sysco Machinery Corp. v. Cymtek Solutions, Inc.

Taiwanese company Sysco Machinery Corp. ("Sysco") sued Taiwanese company Cymtek Solutions, Inc. ("Cymtek") and Taiwanese company Cymmetrik Enterprise Co. Ltd. ("Cymmetrik") in the U.S. District Court for the District of Massachusetts for conduct originating in Taiwan that allegedly infringed Sysco... Read more →

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ORACLE INTERNATIONAL CORPORATION V. RIMINI STREET, INC.

In an action brought by software developer Oracle International Corporation against Rimini Street, Inc., under the Copyright Act and the Lanham Act, the panel vacated in part the district court’s permanent injunction against Rimini, a third-party provider and direct competitor... Read more →

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ORACLE INTERNATIONAL CORPORATION V. RIMINI STREET, INC.

In an action brought by software developer Oracle International Corporation against Rimini Street, Inc., under the Copyright Act and the Lanham Act, the panel vacated in part the district court’s permanent injunction against Rimini, a third-party provider and direct competitor... Read more →

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Structured Asset Sales, LLC v. Sheeran

In this appeal from a judgment of the United States District Court for the Southern District of New York (Stanton, J.), we consider whether the district court erred by dismissing an action alleging that Ed Sheeran’s 2014 hit Thinking Out... Read more →

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UMG Recordings v. Grande Communications Networks, LLC

This appeal arises from an action filed by Plaintiffs-Appellees/CrossAppellants, a group of major record labels (collectively “Plaintiffs”), against Defendant-Appellant/Cross-Appellee Grande Communications Networks, LLC (“Grande”), a large internet service provider (“ISP”) in Texas, for contributory copyright infringement. Judgment was entered below... Read more →

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Keck v. Mix Creative Learning Center

Defendant–Appellee Mix Creative Learning Center is an art studio that offers art lessons to children. In 2020, Mix Creative began selling “art kits” online so students could learn at home during the pandemic. One of these kits reproduced artworks from... Read more →

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