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The Football Association Premier League Limited et al v. Youtube, Inc. et al

MEMORANDUM OF LAW in Opposition re: 120 MOTION for Judgment on the Pleadings.. Document

28 Cited authorities

  1. Boddie v. Connecticut

    401 U.S. 371 (1971)   Cited 2,513 times   1 Legal Analyses
    Holding that due process required access to the courts for filing divorce proceedings, regardless of the ability to pay

  2. Cleveland v. Caplaw Enters.

    448 F.3d 518 (2d Cir. 2006)   Cited 962 times   2 Legal Analyses
    Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings

  3. Sullivan v. Little Hunting Park

    396 U.S. 229 (1969)   Cited 598 times   6 Legal Analyses
    Holding that a person may bring suit under 42 U. S. C. § 1982 if he can show that he was "punished for trying to vindicate the rights of minorities"

  4. Yurman Design, Inc. v. PAJ, Inc.

    262 F.3d 101 (2d Cir. 2001)   Cited 458 times
    Holding that “a plaintiff asserting that a trade dress protects an entire line of different products must articulate the specific common elements sought to be protected,” and that “the artistic combination of cable [jewelry] with other elements” did not sufficiently set forth the trade dress at issue

  5. Woolworth Co. v. Contemporary Arts

    344 U.S. 228 (1952)   Cited 444 times
    Holding that whether trial court's "discretionary resort to estimation of statutory damages is just should be determined by taking into account ... the difficulties in the way of proof of either" actual damages or lost profits and that "[l]ack of adequate proof on either element would warrant resort to the statute in the discretion of the court."

  6. Weinberger v. Rossi

    456 U.S. 25 (1982)   Cited 154 times
    Holding that term "treaty" also extends to executive agreements

  7. 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

  8. Bridgeport Music v. Justin Combs

    507 F.3d 470 (6th Cir. 2007)   Cited 115 times   1 Legal Analyses
    Holding that a ratio of closer to 1:1 or 2:1 is all that due process can tolerate where the $366,939 compensatory damage award was already substantial and only one of the reprehensibility factors was present

  9. ZEE v. GREENIDGE

    No. 03 Civ. 8659 (RLE) (S.D.N.Y. Jan. 6, 2006)   Cited 24 times
    Finding attorneys' fees based on rates between $150 and $350 per hour to be reasonable for copyright infringement

  10. Yankees Entertainment Sports v. Cable. Systems

    224 F. Supp. 2d 657 (S.D.N.Y. 2002)   Cited 25 times
    Finding that conclusory statements did not establish defendant's actions as anything other than unilateral

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,617 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,381 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  13. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,616 times   56 Legal Analyses
    Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"

  14. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 2,990 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

  15. 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

  16. Section 411 - Registration and civil infringement actions

    17 U.S.C. § 411   Cited 1,489 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.

  17. Section 412 - Registration as prerequisite to certain remedies for infringement

    17 U.S.C. § 412   Cited 641 times   23 Legal Analyses
    Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication

  18. Section 408 - Copyright registration in general

    17 U.S.C. § 408   Cited 364 times   9 Legal Analyses
    Authorizing the Register of Copyrights to regulate registration classifications, including permitting "a single registration for a group of related works"

  19. Section 201.22 - Advance notices of potential infringement of works consisting of sounds, images, or both

    37 C.F.R. § 201.22   Cited 5 times
    Concerning "advance notice of potential infringement"