Recently in Intellectual Property Law Category

In plaintiff's copyright-infringement case against defendant for infringement of its copyright on George Clinton's song, based on the use of the phrase "Bow wow wow, yippie yo, yippie yea", district court's finding that defendant willfully infringed plaintiff's rights in the song and an award of statutory damages of $88,980 are affirmed where: 1) the jury instructions were not erroneous as a matter of law; and 2) the district court did not abuse its discretion in declining to give the instructions requested by the defendant.   

Read Bridgeport Music, Inc. v. UMG Recordings, Inc., No. 07-5596

Appellate Information

Argued: April 23, 2009

Decided and Filed: November 4, 2009

Judges

Opinion by Circuit Judge Daughtrey

Counsel

For Appellant:  Jeffrey D. Goldman, Mitchell, Silberberg & Knupp, LLP, Los Angeles, California.

For Appellee:  Richard S. Busch, King & Ballow, Nashville, Tennessee.

In plaintiffs' lawsuit against defendants, alleging copyright infringement and various state law claims relating to the use of samples in rap recordings, district court's denial of defendants' motion requesting that attorney fees be imposed as a condition of granting plaintiffs' motions to voluntarily dismiss without prejudice the twenty cases at issue is affirmed as the district court did not abuse its discretion either by failing to provide specific reasons for its decision, or by deciding not to impose attorney fees as a condition of dismissal under Rule 41(a)(2).  

Read Bridgeport Music, Inc. v. Universal-MCA Music Publ'g., Inc., No. 08-5254

Argued: October 8, 2009

Decided and Filed: October 21, 2009

Judges

Opinion by Circuit Judge Guy

Counsel

For Appellant:  Russell J. Frackman, Mitchell, Silberberg & Knupp LLP, Los Angeles, California

For Appellee:  Richard S. Busch, King & Ballow, Nashville, Tennessee

In a copyright infringement case involving software licensing agreements, district court's summary judgment to plaintiff Cincom Systems, Inc. (Cincom) is affirmed as defendant Novelis did not abide by the express terms of Cincom's license and gain prior written approval before impermissibly transferring the software license when it underwent internal reorganization.   

Read Cincom Sys., Inc. v. Novelis Corp., No. 07-4142

Argued: September 8, 2009

Decided and Filed: September 25, 2009

Judges

Opinion by Judge Gibbons

Counsel

For Appellant:  Irene C. Keyse-Walker, Tucker, Ellis & West LLP

For Appellee: Joseph Michael Callow Jr., Keating, Muething & Klekamp, PLL

In a trademark infringement action alleging improper use of a trailer hitch designer's name, dismissal of the complaint is affirmed where: 1) the complaint did not allege facts sufficient to show that defendant's use of the name created a likelihood of confusion as to the source of its products; and 2) the fair use defense applied because the use of the name was descriptive.

Read Hensley Mfg. Inc. v. ProPride, Inc., No. 08-1834

Appellate Information

Argued: June 19, 2009

Decided and Filed: September 3, 2009

Judges

Opinion by Judge McKeague

Counsel

For Appellant:

Craig A. Redinger, Young Basile, Ann Arbor, MI

For Appellees:

Josh J. Moss, Barris, Sott, Denn & Driker, PLLC, Detroit, MI

John F. Early, Jr., Law Office, Fenton, MI