The Copyright Act allows the owner of an infringed copyright to recover statutory damages, when there is an innocent infringement, in a sum of between $750 and $30,000. When the infringement is willful, the statutory damages can reach as high as $150,000 per infringement. The Lanham Act allows the owner of an infringed trademark registration […]
Have you received a demand letter from the Law Firm of Higbee & Associates? If so, then you are not alone. We have been forwarded numerous emails and other written correspondence from the Law Firm of Higbee & Associates, demanding a large sum of money in exchange for a release of claims related to allegations of […]
We have recently gone over the test for attorney’s fees in copyright infringement cases. As a refresher, under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees, and the court will look at relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; […]
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 […]
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 […]
What do you need in place prior to bringing an action for copyright infringement? That specific question was decided by the United States Supreme Court in the case of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al.
Copyright infringement lawsuits must be brought in federal court. These cases are often filed by lawyers who not only think their clients can score a sizable judgment, but also have the opposition cover legal fees and costs. However, a new United States Supreme Court decision places a limit on what a prevailing party can actually […]
Is it true that no one can own a dance step? That is what video game publisher Epic Games is arguing in a motion to dismiss that it filed on February 11 in a federal case that was brought by Terrence “2 Milly” Ferguson.
A Los Angeles jury found that rock band Led Zeppelin did not plagiarize the opening riff to the hit song Stairway to Heaven. The estate of Randy Wolfe originally brought the copyright infringement suit against the rock legends on the grounds that they believed that Zeppelin stole the original riff from a 1968 song released […]
This past Monday, as the remaining NFL teams begin preparations for the next round of playoff football, BWP Media USA Inc. began an off-field battle with Bleacher Report, Inc. by filing a civil lawsuit against the sports and entertainment media company for copyright infringement. According to the lawsuit, the popular sports website run by Bleacher […]