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Sugar Hill Music et al v. CBS Interactive Inc et al

MEMORANDUM in Opposition to MOTION for Preliminary Injunction re Inducing Infringment of Plaintiffs' Works.. If this is

39 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,721 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Ebay Inc. v. Mercexchange, L. L. C.

    547 U.S. 388 (2006)   Cited 3,776 times   130 Legal Analyses
    Holding that traditional four-factor test applies to injunctions against patent infringement

  3. Global-Tech Appliances, Inc. v. Seb S. A.

    563 U.S. 754 (2011)   Cited 803 times   65 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."

  4. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.

    545 U.S. 913 (2005)   Cited 784 times   31 Legal Analyses
    Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

  5. Harper & Row, Publishers, Inc. v. Nation Enterprises

    471 U.S. 539 (1985)   Cited 1,212 times   14 Legal Analyses
    Holding that if a new work "supersede the use of the original," it is probably not a fair use

  6. Hurley v. Irish-American Gay, Lesbian Bisexual Group

    515 U.S. 557 (1995)   Cited 694 times   4 Legal Analyses
    Holding that a marcher's message will likely be attributed to the parade organizer's, since "every participating unit" in a parade "affects the [overall] message"

  7. American Trucking v. City of Los Angeles

    559 F.3d 1046 (9th Cir. 2009)   Cited 1,262 times
    Holding plaintiff seeking injunction "not entitled to relief" in absence of showing "likelihood of irreparable harm"

  8. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 734 times   9 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  9. Los Angeles Mem. Coliseum v. Nat. Football

    634 F.2d 1197 (9th Cir. 1980)   Cited 813 times
    Holding that injury of lost revenues was not irreparable

  10. Oakland Tribune, Inc. v. Chronicle Pub. Co.

    762 F.2d 1374 (9th Cir. 1985)   Cited 645 times
    Finding no irreparable harm based on "loss of reputation, competitiveness, and goodwill" where plaintiff provided "only two affidavits" which "did not address the particular situation in issue" and "provided only conclusory statements"

  11. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,109 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  12. Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.

    Fed. R. Evid. 404   Cited 16,627 times   65 Legal Analyses
    Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

  13. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,151 times   26 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

  14. Section 410 - Registration of claim and issuance of certificate

    17 U.S.C. § 410   Cited 1,493 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

  15. Section 507 - Limitations on actions

    17 U.S.C. § 507   Cited 829 times   48 Legal Analyses
    Prohibiting copyright-infringement claims that are filed more than three years after they accrued