Heitner Legal
A key element of any motion for temporary restraining order or preliminary injunction is demonstrating the likelihood of irreparable harm. In federal cases, the standard is provided by Federal Rule of Civil Procedure 65, and case law has made it clear that this type of relief is considered an extraordinary and drastic remedy. The high […]
Earning a judgment against an individual allegedly infringing on one’s copyright is not as simple as obtaining information attaching an IP address to the supposed infringer and connecting the dots for the judge. The court denied a plaintiff’s motion for default judgment in a case pending before the U.S. District Court for the Northern District […]
What happens if you file a lawsuit against an individual in a foreign country and find difficulty in serving the individual with the Summons and Complaint? This is a very common issue faced by plaintiffs who seek relief from individuals who are based outside of the United States. A recent ruling in the U.S. District […]
Who is the rightful owner of a social media account? This has become a very important question no matter whether the account is on Twitter, Instagram, Facebook, Snapchat, TikTok. Disputes commonly arise surrounding the ownership of social media accounts when employees who had access to and used those accounts during their employment are no longer […]
Is it considered to be trademark infringement when one company decides to purchase keyword advertisements on search engines or the like, using another’s trademark registrations within the purchased search terms? A new recommendation from a U.S. Magistrate Judge sitting in the Northern District of Texas provides some thoughts on the subject matter. In the case […]
The Toyota Center and the Houston Rockets are suing their insurer, Affiliated FM Insurance Company (AFM), after AFM allegedly refused to honor the parties’ insurance agreement. The plaintiffs filed their complaint in Rhode Island State Court on July 15, about two weeks after three Minor League Baseball teams filed a similar complaint in Pennsylvania against […]
Jeremy Roenick, a nine time NHL All-Star and former NBC analyst, is suing his former employer for wrongful termination. Roenick’s complaint hinges on, “discrimination based on gender and sexual orientation”[1]. In December of 2019, while appearing on Barstool Sports’ Spittin Chiclets podcast, Roenick made sexual comments about his co-worker Kathryn Tappen and his wife. Roenick referenced […]
Greg Young Publishing and Zazzle resumed the parties’ battle over willful copyright infringement this past Thursday, July 9 in California federal court. This copyright battle goes back to June 23, 2016, when Greg Young, a publisher of visual arts brought legal action against Zazzle, a website allowing its users to upload images of artwork to […]
Defendant Bright House Networks LLC has been granted its motion to dismiss music rights holder UMG Recordings, Inc., et al., (Plaintiffs) vicarious infringement claims because Plaintiffs failed to sufficiently allege a direct financial benefit. Bright House Networks LLC is one of the “largest internet service providers (“ISPs”) in the country.” UMG Recordings, Inc. et al […]
Three Minor League Baseball teams, the Staten Island Yankees affiliated with the New York Yankees, the Greenville Drive affiliated with the Boston Red Sox, and the Delmarva Shorebirds affiliated with the Baltimore Orioles have taken legal action against Philadelphia Indemnity Insurance Company.