Entertainment Research Group, Inc. v. Genesis Creative Group, Inc.
122 F.3d 1211 (9th Cir. 1997) Cited 358 times 1 Legal AnalysesHolding that a party waives an argument on appeal by failing to raise it distinctly
Hamil America, Inc. v. GFI
193 F.3d 92 (2d Cir. 1999) Cited 291 times 1 Legal AnalysesHolding 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
Three Boys Music Corporation v. Bolton, Page 477
212 F.3d 477 (9th Cir. 2000) Cited 284 times 5 Legal AnalysesHolding a composer, a music publisher, and a record company liable for infringement of plaintiff’s musical work
Certiorari Denied
528 U.S. 1160 (2000) Cited 77 timesHolding that where defendant moves for summary judgment on basis of affirmative defenses, meaning defendant bears ultimate burden of persuasion at trial, defendant "must adduce evidence to support each element of its defenses and demonstrate the lack of any genuine issue of material fact with regard thereto"
Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc.
106 F.3d 284 (9th Cir. 1997) Cited 137 times 1 Legal AnalysesHolding that willful copyright infringement alone was enough to establish purposeful availment
Sheldon v. Metro-Goldwyn Corp.
309 U.S. 390 (1940) Cited 221 times 1 Legal AnalysesHolding that there need only be "reasonable approximation" of recoverable profits
Fantasy, Inc. v. Fogerty
94 F.3d 553 (9th Cir. 1996) Cited 130 timesHolding that, "Since the reasons given by the district court in this case are well-founded in the record and are in keeping with the purposes of the Copyright Act, the court acted within its discretion in awarding a reasonable attorney's fee"
Business Trends Analysts v. Freedonia Group
887 F.2d 399 (2d Cir. 1989) Cited 94 timesHolding that a plaintiff can recover indirect profits in the form of "value received from an infringing product used to enhance commercial reputation" if it first demonstrates that "the amount of an award is based on a factual basis rather than undue speculation"
Alfred Bell Co. v. Catalda Fine Arts
191 F.2d 99 (2d Cir. 1951) Cited 221 times 2 Legal AnalysesUpholding copyrights in mezzotint reproductions of old classic paintings
In Design v. K-Mart Apparel Corp.
13 F.3d 559 (2d Cir. 1994) Cited 61 timesHolding district court abused discretion by changing characterization of defendant's conduct "without a reasoned explanation"
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,742 times 60 Legal AnalysesHolding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"
Section 505 - Remedies for infringement: Costs and attorney's fees
17 U.S.C. § 505 Cited 3,086 times 71 Legal AnalysesGranting the district court discretion to award attorney's fees to the prevailing party in copyright cases