27 Cited authorities

Buckhannon Board Care Home v. West Va. D.H.H.R
532 U.S. 598 (2001) Cited 3,824 times 17 Legal Analyses
Holding that a party becomes a prevailing party once there is a "judicially sanctioned change in the legal relationship of the parties"
Harper & Row, Publishers, Inc. v. Nation Enterprises
471 U.S. 539 (1985) Cited 1,217 times 14 Legal Analyses
Holding that if a new work "supersede the use of the original," it is probably not a fair use
Three Boys Music Corporation v. Bolton, Page 477
212 F.3d 477 (9th Cir. 2000) Cited 282 times 5 Legal Analyses
Holding a composer, a music publisher, and a record company liable for infringement of plaintiff’s musical work
Data Gen. v. Grumman Systems Support
36 F.3d 1147 (1st Cir. 1994) Cited 324 times 1 Legal Analyses
Holding that a claim under Massachusetts trade secret law was not preempted "because participation in the breach of a duty of confidentiality — an element that forms no part of a copyright infringement claim — represents unfair competitive conduct qualitatively different from mere unauthorized copying"
Hamil America, Inc. v. GFI
193 F.3d 92 (2d Cir. 1999) Cited 277 times 1 Legal Analyses
Holding that a jury could reasonably find infringement of certain individual jewelry designs within a group of designs registered under a single copyright, and that infringement of an individual design would still be possible even if the designs had improperly been registered as a group
Durham Industries, Inc. v. Tomy Corp.
630 F.2d 905 (2d Cir. 1980) Cited 344 times
Holding that "the mere reproduction of the Disney characters in plastic . . . does not constitute originality as this Court has defined the term"
S.O.S., Inc. v. Payday, Inc.
886 F.2d 1081 (9th Cir. 1989) Cited 260 times
Holding that "[t]he critical question is not the existence but the scope of the license"
Jordan Video, Inc. v. 144942 Canada Inc.
617 F.3d 1146 (9th Cir. 2010) Cited 133 times 1 Legal Analyses
Holding that plaintiff's inadvertent mistake in naming the sole shareholder, rather than the entity, as the author of the work did not invalidate the work's copyright
Fonar Corporation v. Domenick
105 F.3d 99 (2d Cir. 1997) Cited 137 times
Holding that a set of computer programs was in an orderly form but without providing a definition of that term
United Fabrics Int'l, Inc. v. C&J Wear, Inc.
630 F.3d 1255 (9th Cir. 2011) Cited 74 times 2 Legal Analyses
Finding failure to include on copyright application that work was derivative was "not cause for invalidation" absent a showing of fraud on the Copyright Office
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,029 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,503 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,488 times 134 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.
Section 602 - Infringing importation or exportation of copies or phonorecords
17 U.S.C. § 602 Cited 96 times 10 Legal Analyses
Prohibiting the importation of copies “the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable”

L.A. Printex Industries, Inc. v. Le Chateau, Inc. et al

27 Cited authorities

Holding that a party becomes a prevailing party once there is a "judicially sanctioned change in the legal relationship of the parties"

Holding that if a new work "supersede the use of the original," it is probably not a fair use

Holding a composer, a music publisher, and a record company liable for infringement of plaintiff’s musical work

Holding that a jury could reasonably find infringement of certain individual jewelry designs within a group of designs registered under a single copyright, and that infringement of an individual design would still be possible even if the designs had improperly been registered as a group

Holding that "the mere reproduction of the Disney characters in plastic . . . does not constitute originality as this Court has defined the term"

Holding that "[t]he critical question is not the existence but the scope of the license"

Holding that plaintiff's inadvertent mistake in naming the sole shareholder, rather than the entity, as the author of the work did not invalidate the work's copyright

Holding that a set of computer programs was in an orderly form but without providing a definition of that term

Finding failure to include on copyright application that work was derivative was "not cause for invalidation" absent a showing of fraud on the Copyright Office

Holding an "unrepresented party" to the same standard as an attorney

Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

Prohibiting the importation of copies “the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable”