22 Cited authorities

  1. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,471 times   45 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
  2. Dataphase Systems, Inc. v. C L Systems, Inc.

    640 F.2d 109 (8th Cir. 1981)   Cited 2,635 times
    Holding that issuance of a preliminary injunction depends upon a "flexible" consideration of the threat of irreparable harm to the moving party; balancing this harm with any injury an injunction would inflict on other interested parties; the probability that the moving party would succeed on the merits; and the effect on the public interest
  3. United Ind. Corp. v. Clorox Co.

    140 F.3d 1175 (8th Cir. 1998)   Cited 432 times   1 Legal Analyses
    Holding that movant seeking a preliminary injunction has a heavy burden
  4. Twin Peaks Productions v. Publications Intern

    996 F.2d 1366 (2d Cir. 1993)   Cited 333 times   7 Legal Analyses
    Holding that book containing detailed synopses of episodes of television show "Twin Peaks" would, absent a fair use defense, infringe copyright on television show
  5. West Pub. Co. v. Mead Data Cent., Inc.

    799 F.2d 1219 (8th Cir. 1986)   Cited 231 times
    Concluding that West's arrangement is the result of "considerable labor, talent and judgment"
  6. Coca-Cola Co. v. Purdy

    382 F.3d 774 (8th Cir. 2004)   Cited 121 times
    Holding that if the only difference between defendant's domain names and plaintiff's marks is the addition of top level domain suffix, for example washingtonpost.cc, washingtonpost.ws, and pnis.org to the Washington Post and WPNI marks, the marks are confusingly similar
  7. Taylor Corp. v. Four Seasons Greetings, LLC

    403 F.3d 958 (8th Cir. 2005)   Cited 103 times
    Finding that the plaintiff "certainly has the right to control the use of its copyrighted materials, and irreparable harm inescapably flows from the denial of that right."
  8. Hartman v. Hallmark Cards, Inc.

    833 F.2d 117 (8th Cir. 1987)   Cited 162 times
    Upholding a denial of attorneys' fees despite the weakness in one element of the plaintiff's infringement claim which resulted in summary judgment in the defendant's favor
  9. Entergy, Arkansas v. State of Nebraska

    210 F.3d 887 (8th Cir. 2000)   Cited 87 times
    Finding irreparable harm in part because "[r]elief in the form of money damages could well be barred by . . . sovereign immunity"
  10. Rottlund Co. v. Pinnacle Corp.

    452 F.3d 726 (8th Cir. 2006)   Cited 67 times
    Reversing district court's allowance of expert testimony on whether the defendant independently created a work of authorship because jury did not need expert help on that issue
  11. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,454 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886
  12. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,832 times   108 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
  13. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,282 times   121 Legal Analyses
    Granting protection to "literary works"
  14. Section 106A - Rights of certain authors to attribution and integrity

    17 U.S.C. § 106A   Cited 186 times   23 Legal Analyses
    Granting to "the author of a work of visual art" an inalienable right to prevent "distortion, mutilation, or other modification" which might prejudice the author’s "honor or reputation"