Tag Archives: Copyright Infringement

Rogue sues Photographer/Videographer for Copyright Infringement

14 Monday Nov 2016

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Plaintiff Oregon Brewing Company (a.k.a. Rogue) is suing its past photographer/videographer, asserting 39 separate instances of copyright infringement. The Defendant allegedly used photographs and short films he had created (but which were owned by Rogue pursuant to an Employment Agreement, see Exhibit 1) on his personal website. Additionally, Defendant submitted the 39 works for registration with the Registrar of Copyrights.

Oregon Brewing Company v. Blair

Court Case Number: 3:16-cv-02130-HZ
File Date: Monday, November 7, 2016
Plaintiff: Oregon Brewing Company
Plaintiff Counsel: Andrew D. Glascock of Hiefield Foster & Glascock, LLP
Defendant: Benjamin R. Blair
Cause: Copyright Infringement
Court: District of Oregon
Judge: Marco A. Hernandez

Complaint:

Exhibit 1:

Sewing patterns lead to copyright lawsuit; functionality doctrine invoked?

06 Wednesday Jul 2016

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon

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This copyright lawsuit arises from the alleged infringement of sewing patterns. The Plaintiff, based in Eugene, Oregon, has sold sewing patterns since 1982. The Defendants, based in Georgia, are an online competitor allegedly selling unauthorized copies of the Plaintiff’s patterns.

Note that clothing design is usually held to be functional, and thus does not qualify for copyright protection. However, this lawsuit involves the patterns (drawings) themselves, not the clothing design shown therein.

Copyright in a work that portrays a useful article extends only to the artistic expression of the author of the pictorial, graphic, or sculptural work. It does not extend to the design of the article that is portrayed. – Copyright.gov

I think there can still be an argument made that the sewing patterns do not qualify for protection under 102(b), that they are an illustrated procedure or process for making a dress.

17 U.S. Code § 102 (b)

In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.

Judge for yourself in the Complaint (below) but many of the drawings have little ornamental design elements beyond the utilitarian, and thus unprotectable, functionality required to accurately and adequately show someone how to make the dress.

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Stay tuned for updates.

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Ranita Corporation v. Beamer et al

Court Case Number: 6:16-cv-01368-MC
File Date: Tuesday, July 5, 2016
Plaintiff: Ranita Corporation d/b/a Sure-Fit Designs
Plaintiff Counsel: Jacob S. Gill of Stoll Stoll Berne Lokting & Shlachter P.C.
Defendant: Oticca Beamer, Fit & Fashion LLC, Beamer & Associates d/b/a Fit & Fashion
Cause: Copyright Infringement, Vicarious Copyright Infringement, Contributory Copyright Infringement
Court: District of Oregon
Judge: Michael J. McShane

Complaint:

Copyright Lawsuit filed over DVD of Elvis Presley’s First Ed Sullivan Appearance

30 Monday May 2016

Posted by in District of Oregon, Intellectual Property, Litigation, Oregon

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Plaintiff claims to be the owner of the musical composition “Vagabonds Theme.” The composition was allegedly included by Defendants without authorization on a DVD entitled “Elvis – The First Ed Sullivan Show.”  Plaintiff reached out to Defendants to offer a retroactive license, as they had done for a prior infringement, but were not satisfied by Defendants’ lack of a meaningful response, hence this lawsuit.

Note that the Ed Sullivan Show was not the King’s TV debut, but it remains an important milestone in his unparalleled career.

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Segura v. Sofa Entertainment, Inc. et al

Court Case Number: 3:16-cv-00938-AC
File Date: Friday, May 27, 2016
Plaintiff: Kevin T. Segura d/b/a Shiny Vinyl Music
Plaintiff Counsel: Elizabeth Tedesco Milesnick, Andrea M. Barton of Miller Nash Graham & Dunn LLP
Defendant: Sofa Entertainment, Inc., Direct Holdings Americas Inc. d/b/a Starvista Live and Timelife
Cause: Copyright Infringement
Court: District of Oregon
Judge: John V. Acosta

Complaint:

Religious Publishing Company sued for Unauthorized Publication of Hymns

18 Monday Apr 2016

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This copyright action involving religious hymns arises from an alleged breach of a prior license agreement.

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Oregon Catholic Press v. Ambrosetti et al

Court Case Number: 3:16-cv-00651
File Date: Friday, April 15, 2016
Plaintiff: Oregon Catholic Press
Plaintiff Counsel: Leonard D. DuBoff of The DuBoff Law Group
Defendant: Ambrosetti et al
Cause: Copyright Infringement
Judge: Marco A. Hernandez

Complaint:

Oregon Department of Corrections sues over YouTube prison video

26 Friday Feb 2016

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Social Media

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The State of Oregon, via the Department of Corrections, claims to be the exclusive owner of all intellectual property rights in a video entitled “Prison Cell Extraction,” showing the techniques to remove a prisoner from a cell. Defendant somehow obtained the video and posted it on YouTube.

Upon learning of the posting, the State of Oregon initiated a Digital Millennium Copyright Act (“DMCA”) takedown request with YouTube to remove the video, and the video was initially removed by YouTube.

Screen Shot 2016-02-26 at 10.47.45 AMDefendant then filed a DMCA counter notification with YouTube, swearing under penalty of perjury that the video was removed by YouTube due to a mistake or misidentification on the basis that “its my video of me”.

YouTube informed the State of Oregon of the counter notification with instructions that if the State of Oregon did not “file an action seeking a court order to restrain the counter notifier’s allegedly infringing activity” the video could be reinstated on YouTube.

Hence, this lawsuit. Stay tuned for updates.

State of Oregon v. Ames

Court Case Number: 6:2016-cv-00345
File Date: Thursday, February 25, 2016
Plaintiff: State of Oregon
Plaintiff Counsel:Ellen F. Rosenblum, Attorney General
Defendant: Ames
Cause: Copyright Infringement
Court: District of Oregon
Judge: Thomas M. Coffin

Complaint:

Chinese Scientist Accused of Misappropriating Cow Feed Technology

17 Wednesday Feb 2016

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon

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OmniGen Research, LLC et al v. Wang et al

Court Case Number: 6:2016-cv-00268
File Date: Monday, February 15, 2016
Plaintiff: Omnigen Research, LLC, Prince Agri Products, Inc.
Plaintiff Counsel: Klaus H. Hamm, Scott E. Davis of Klarquist Sparkman, LLP
Defendant: YongQiang Wang, Yan Zheng, Bioshen
Cause: Breach of Contract, Intentional Interference with Economic Relations, Trade Secret Misappropriation, Copyright Infringement, False Advertising, Breach of Fiduciary Duty
Court: District of Oregon
Judge: Michael J. McShane

Complaint:

Oregon Trademark Litigation Update – Webb v. Marlon Recreational Products USA, Ltd. et al

04 Monday Jan 2016

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

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Webb v. Marlon Recreational Products USA, Ltd. et al

Court Case Number: 3:2015-cv-02380
File Date: Tuesday, December 22, 2015
Plaintiff: Vincent L. Webb
Plaintiff Counsel: Stephen J. Joncus of Joncus Law LLC
Defendant: Marlon Recreational Products USA, Ltd. et al
Cause: Violation of the Permanent Injunction, Unfair Competition, False Designation of Origin, Trademark Infringement, Copyright Infringement, Fraud
Court: District of Oregon
Judge: Stacie F. Beckerman

Complaint:

Oregon Copyright Litigation Update – Versatop Support Systems v. Georgia Expo et al

29 Thursday Oct 2015

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This lawsuit involves knockoff “support structures for displays that are used at trade shows, entertainment, educational, political and promotional events.”

Versatop Support Systems, Inc. v. Georgia Expo Inc. et al

Court Case Number: 3:15-cv-02030
File Date: Wednesday, October 28, 2015
Plaintiff: Versatop Support Systems, Inc.
Plaintiff Counsel: David P. Cooper, Owen W. Dukelow of Kolisch Hartwell PC
Defendant: Georgia Expo Inc., Topfinger Equipment (Shenzhen) Co., Ltd.
Cause: Copyright Infringement, False Designation of Origin
Court: District of Oregon
Judge: John Jelderks

Complaint:

Oregon Copyright Litigation Update – Spread v. The Weinstein Company et al

14 Monday Sep 2015

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon

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Plaintiff is based in Portland, Oregon and owns the copyright in a musical work titled “I’ll Be the Light.” J.C. Penney licensed the work for use in an advertisement for a limited clothing line. The terms of the J.C. Penney license specifically excluded use of the work with DVD sales. Nevertheless, the J.C.Penney advertisement showed up on DVDs for the movie Silver Linings Playbook. This unauthorized use allegedly caused another licensee of Plaintiff (a competitor of J.C. Penney) to terminate its own license for the work.

Spread LLC v. The Weinstein Company, LLC et al

Court Case Number: 3:15-cv-01714
File Date: Thursday, September 10, 2015
Plaintiff: Spread LLC
Plaintiff Counsel: Andrea A. Selkregg of Swider Haver
Defendant: The Weinstein Company, LLC, J.C. Penney Corporation Inc., Anchor Bay Entertainment LLC, Marchesa Holdings LLC
Cause: Federal Copyright Infringement, Breach of Contract, Unjust Enrichment
Court: District of Oregon
Judge: Michael H. Simon

Complaint:

July Download Cases

01 Saturday Aug 2015

Posted by in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon

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The Court continued to be mired in BitTorrent download cases in July, which accounted for 23 of the 25 copyright/trademark complaints filed in Oregon.

Here are the download complaints filed in Oregon in July 2015:

Court Case Number: 3:15-cv-01231-ST
File Date: Thursday, July 02, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01233-ST
File Date: Thursday, July 02, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01283
File Date: Friday, July 10, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01285
File Date: Friday, July 10, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01286
File Date: Friday, July 10, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01287
File Date: Friday, July 10, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01288
File Date: Friday, July 10, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 3:15-cv-01302-AA
File Date: Monday, July 13, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 6:15-cv-01303-AA
File Date: Monday, July 13, 2015
Plaintiff: Survivor Productions Inc.
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01327
File Date: Friday, July 17, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge John V. Acosta

Court Case Number: 3:15-cv-01332-SB
File Date: Friday, July 17, 2015
Plaintiff: Glacier Films USA Inc.
Glacier Films 1 LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Stacie F. Beckerman

Court Case Number: 6:15-cv-01330-AA
File Date: Friday, July 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 6:15-cv-01331-AA
File Date: Friday, July 17, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken

Court Case Number: 3:15-cv-01386-ST
File Date: Friday, July 24, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Janice M. Stewart

Court Case Number: 6:15-cv-01384-TC
File Date: Friday, July 24, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 6:15-cv-01385-TC
File Date: Friday, July 24, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Magistrate Judge Thomas M. Coffin

Court Case Number: 6:15-cv-01387-MC
File Date: Friday, July 24, 2015
Plaintiff: Cobbler Nevada LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Judge Michael J. McShane

Court Case Number: 6:15-cv-01388-AA
File Date: Friday, July 24, 2015
Plaintiff: Dallas Buyers Club LLC
Plaintiff Counsel: Carl D. Crowell, Drew P. Taylor of Crowell Law
Defendant: Doe
Cause: Copyright Infringement
Court: District of Oregon
Judge: Chief Judge Ann L. Aiken