Copyright Docket Report for May 5, 2020
Docket Report
Copyright Report May 5, 2020
Failure to Actively Contest Personal Jurisdiction While Litigating for Seven Months Waives Objection to Jurisdiction
The court denied defendants' motion to dismiss plaintiff's copyright infringement action for lack of personal jurisdiction and found that defendants waived their jurisdiction argument. "Defendants answered Plaintiff's complaint . . . asserting the lack of personal jurisdiction as an affirmative defense, but did not actively contest personal jurisdiction until they filed their motion to dismiss seven months later . . . . Among other things, they: submitted a Rule 26(f) Plan, filed a motion to compel discovery, attended a pretrial conference, sought extensions of discovery deadlines, exchanged merits discovery, scheduled party depositions, and engaged in settlement discussions with Plaintiff. . . . This extensive pretrial activity is, in the Court's eyes, more than enough to 'give Plaintiff a reasonable expectation' that the . . . Defendants would 'defend Plaintiff's suit on the merits' in the present forum."
Mattel, Inc. v. AnimeFun Store et al, 1-18-cv-08824 (SDNY 2020-05-01, Order) (Loretta A. Preska)
 
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United States District Courts
 
12   New cases
1   Case with new accusations
11   Significant decisions
 
 
USDC New Cases 12 Result[s]
 
CDCA Ganouna et al v. The Colors You Like, LLC et al
2-20-cv-04070 May 4, 2020
Claims: Copyright
   Infringement
 
DEFENDANTS
 
Cinco Spirits Group, LLC d/b/a Cincoro
The Colors You Like, LLC
 
 
PLAINTIFFS
Anais Ganouna

Frank & Anais, LLC
VGC LLP
   Alexander Robert Safyan
   James L Greeley
 
DESCRIPTIONREGISTRATION
The Happy family : [no.] 6438.VAu000136333
 
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CDCA Starz Entertainment, LLC v. MGM Domestic Television Distribution, LLC
2-20-cv-04085 May 4, 2020
Claims: Copyright
   Infringement
 
DEFENDANT
 
MGM Domestic Television Distribution, LLC
 
 
PLAINTIFF
Starz Entertainment LLC
Severson & Werson
   Jeremy Tsvi Katz
Cravath Swaine & Moore
   Evan R Chesler
   J Wesley Earnhardt
Markun Zusman Freniere & Compton
   Steven M Goldberg
 
DESCRIPTIONREGISTRATION
10 to midnight / a Golan-Globus production ; a J. Lee Thompson film ; produced by Pancho Kohner, Lance Hool ; directed by J. Lee Thompson.PA0000178969
Agent Cody Banks / directed by Harold Zwart.PA0001121181
Agent Cody Banks : destination London / Bob Yari, Maverick Films, Dylan Sellers production ; directed by Kevin Allen.PA0001204655
All dogs go to heaven 2 / a Metro-Goldwyn-Mayer Animation production ; directed by Paul Sabella, Larry Leker.PA0000764145
Allan Quatermain and the lost city of gold / a Golan-Globus production ; produced by Menahem Golan and Yoram Globus ; directed by Gary Nelson.PA0000337077
American Ninja / a Golan-Globus production of a Sam Firstenberg film ; produced by Menahem Golan and Yoram Globus ; directed by Sam Firstenberg.PA0000276777
The Amityville horror / a Professional Films production ; produced by Ronald Saland, Elliot Geisinger ; directed by Stuart Rosenberg.PA0000042581
The Amityville horror.PA0001271198
Antitrust / Metro-Goldwyn-Mayer Pictures presents in association with Hyde Park Entertainment an Industry Entertainment production ; directed by Peter Howitt.PA0000940864
At first sight / directed by Irwin Winkler.PA0000875340
View 16 more in case profile ➞
 
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NDCA Adobe Inc. v. Cornerstone Information Systems, Inc.
3-20-cv-03050 May 4, 2020
Magistrate Judge Jacqueline Scott Corley
 
Claims: Copyright
   Infringement
 
DEFENDANT
 
Cornerstone Information Systems, Inc.
 
 
PLAINTIFF
Adobe Inc. f/k/a Adobe Systems Inc.
Farella Braun + Martel
   Eugene Y Mar
   James A Reese
   Winston Liaw
 
DESCRIPTIONREGISTRATION
Adobe ColdFusion 9.TX0007139642
Adobe ColdFusion Enterprise (2016 Release)TX0008231114
 
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NDCA Adobe Inc. v. Silk Road Technology, Inc.
4-20-cv-03049 May 4, 2020
Magistrate Judge Donna M. Ryu
 
Claims: Copyright
   Infringement
 
DEFENDANT
 
Silk Road Technology, Inc.
 
 
PLAINTIFF
Adobe Inc. f/k/a Adobe Systems Inc.
Farella Braun + Martel
   Eugene Y Mar
   James A Reese
   Winston Liaw
 
DESCRIPTIONREGISTRATION
Adobe ColdFusion 10.TX0007555186
 
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MDFL Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 47.205.159.100
8-20-cv-01032 May 4, 2020
Claims: Copyright
   Infringement via BitTorrent
 
DEFENDANT
 
John Doe subscriber assigned IP address 47.205.159.100
 
 
PLAINTIFF
Strike 3 Holdings, LLC
Mamone Villalon
   Tyler Mamone
 
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WDMO Bowers v. Copaken Brooks, LLC et al
4-20-cv-00360 May 4, 2020
Magistrate Judge Lajuana M. Counts
 
Claims: Copyright
   Infringement
 
DEFENDANTS
 
Brian Wietharn
Copaken Brooks, LLC
 
 
PLAINTIFF
Eric Bowers
Ross & Voytas
   Nathan K Bruns
   Richard A Voytas, Jr.
 
DESCRIPTIONREGISTRATION
Group Registration Photos, Eric Bowers 2013 Photography, Published approx. Jan. 05, 2013 to Dec. 23, 2013; 205 photos.VA0001967366
 
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EDNY Simon J. Burchett Photography, Inc. v. Compass Forwarding Co., Inc.
1-20-cv-02014 May 4, 2020
District Judge Raymond J. Dearie
Magistrate Judge Steven M. Gold
 
Claims: Copyright
   DMCA Violation
   Infringement
 
DEFENDANT
 
Compass Forwarding Co., Inc.
 
 
PLAINTIFF
Simon J. Burchett Photography, Inc.
Garbarini FitzGerald
   Richard M Garbarini
 
DESCRIPTIONREGISTRATION
Group Registration Photos, Estelle Maersk Aerial Image - Departing Algeciras Spain, Published approx. Dec. 01, 2006; 15 photos.VA0002019846
 
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EDNY Dirscherl v. Maverick Multimedia, Inc.
2-20-cv-02025 May 5, 2020
Claims: Copyright
   Infringement
 
DEFENDANT
 
Maverick Multimedia, Inc.
 
 
PLAINTIFF
Reinhard Dirscherl
Liebowitz Law Firm
   Richard P Liebowitz
 
DESCRIPTIONREGISTRATION
Group Registrations September/October 2008. [Group registration of published photographs. 396 photographs. 2008-09-01 to 2008-10-31]VA0002123173
 
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SDNY Simon J. Burchett Photography, Inc. v. [multiple defendants - see below]
1-20-cv-_____ May 4, 2020
Claims: Copyright
   DMCA Violation
   Infringement
 
DEFENDANTS
 
Bolt Innovation Group LLC pdf 1-20-cv-03449 ➞
Infoway LLC pdf 1-20-cv-03476 ➞
 
 
PLAINTIFF
Simon J. Burchett Photography, Inc.
Garbarini FitzGerald
   Richard M Garbarini
 
DESCRIPTIONREGISTRATION
Group Registration Photos, Estelle Maersk Aerial Image - Departing Algeciras Spain, Published approx. Dec. 01, 2006; 15 photos.VA0002019846
 
 
SDNY Cavallo v. Time Out America LLC
1-20-cv-03473 May 4, 2020
Claims: Copyright
   Infringement
 
DEFENDANT
 
Time Out America, LLC
 
 
PLAINTIFF
Deena Cavallo
SRIPLaw
   Joseph A Dunne
 
DESCRIPTIONREGISTRATION
Chris Cornell 4-16-2011.VA0001949151
 
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SDTX Chin v. Starlite Broadcasting, LLC
2-20-cv-00103 May 4, 2020
Claims: Copyright
   Infringement
 
DEFENDANT
 
Starlite Broadcasting, LLC
 
 
PLAINTIFF
George Chin
Liebowitz Law Firm
   Richard P Liebowitz
 
DESCRIPTIONREGISTRATION
Group Registration of Published Photographs- George Chin; 2006 photos: all published 2.21.06-8.1.06, 93 photos.VA0002107384
 
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USDC Cases with New Accusations 1 Result[s]
 
CDCA Lanard Toys Limited v. Anker Play Products, LLC
2-19-cv-04350 May 1, 2020
Claims: Infringement
 
DEFENDANT
 
IG Design Group Americas Inc.
 
 
PLAINTIFF
Lanard Toys Limited
 
DESCRIPTIONREGISTRATION
chalk_ball_pacakging_and_product.VA0002022296
chalk_balls_colored_pacakging.VA0001999283
 
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USDC Significant Decisions 11 Result[s]
 
CDCA PDTW, LLC v. Peddie et al pdf
2-20-cv-01740 May 1, 2020
District Judge John A. Kronstadt
 
Ex Parte / Emergency -- Motion/Application for Temporary Restraining Order Denied pdf
 
Injunction Type
Precluding Product Launch/Sale
The court denied plaintiffs' ex parte motion for a temporary restraining order because the applicable factors weighed against injunctive relief. "⁠[S]ome evidence has been presented that [defendant] continues to market goods that Plaintiffs allege infringe their copyrights and trademarks. However, there is not a sufficient showing of imminent irreparable harm -- before a decision on the motion for a preliminary injunction -- to the value of the copyrights, trademarks or associated good will due to the marketing and sales of allegedly inferior products. . . . If issued, the TRO requested by Plaintiffs go well beyond maintaining or restoring the status quo. . . . The TRO would also effectively adjudicate the ownership dispute as to the copyrights and trademarks. The hardship imposed by such a TRO would impose significant burdens on many of the defendants. This is not justified in light of the claimed irreparable harm by Plaintiffs. . . . [The adequate remedies issue] arises with respect to a determination of ownership of an entity or other property, where the TRO, if issued, could be inconsistent with rulings in one or more of the other pending cases." (page 4)
 
 
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NDCA Iglesia Ni Cristo v. Cayabyab et al pdf
5-18-cv-00561 May 1, 2020
District Judge Beth Labson Freeman
 
Motion to Exceed Page Limits Denied in part granted in part pdf
 
Motion Practice in General
Page/Word Limits
 
Untimely Motion
 
Termination
Default
The court granted in part plaintiff's motion to exceed the 10-page limit for its motion for default judgment against one defendant but determined that such motion was premature. "The Court grants in part Plaintiff's motion to exceed the applicable 10-page limit, granting Plaintiff 5 additional pages for a total of 15 pages for its motion for default judgment against [one defendant]. However, the Court agrees with Defendants that it appears any motion for default judgment would be premature at this time. 'Where a complaint alleges that defendants are jointly liable and one of them defaults, judgment should not be entered against the defaulting defendant until the matter has been adjudicated with regard to all defendants.' Plaintiff thus may not file a motion for default judgment prior to adjudication of all claims against all defendants unless and until Plaintiff obtains a determination from this Court that 'that there is no just reason for delay' in entering judgment against fewer than all parties." (page 1)
 
 
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NDCA Albert v. Embassy of Music GMBH et al pdf
5-19-cv-06652 May 1, 2020
District Judge Edward J. Davila
 
Ex Parte / Emergency -- Motion/Application for Temporary Restraining Order Denied pdf
 
Motion Practice in General
Propriety of Seeking Ex Parte/Emergency Relief
 
TRO & Preliminary Injunction
Irreparable Harm
The court denied plaintiff's ex parte motion for a TRO prohibiting the online video hosting defendant from taking any action on the co-defendant's ownership transfer request as to the song plaintiff purports to own because plaintiff failed to show entitlement to ex parte relief. "Plaintiff first claims he will suffer irreparable injury unless the Court prohibits 'the FEC from disclosing Plaintiffs' identities.' Plaintiff, however, does not explain what the FEC is, how it is that Plaintiff has more than one identity, why [the video hosting defendant] taking action on [the other defendant's] 'Ownership Transfer Request' would result in the disclosure of Plaintiffs' identities, or how this disclosure would result in irreparably injury." (page 3)
 
Motion Practice in General
Propriety of Seeking Ex Parte/Emergency Relief
 
TRO & Preliminary Injunction
Inadequacy of Remedies at Law
The court denied plaintiff's ex parte motion for a TRO prohibiting the online video hosting defendant from taking any action on the co-defendant's ownership transfer request as to the song plaintiff purports to own because plaintiff failed to show entitlement to ex parte relief. "Plaintiff claims that he will suffer irreparable injury to his reputation and that this injury would be beyond remediation. Plaintiff, however, fails to explain how his reputation would be impacted by [the video hosting defendant] taking action on [the other defendant's] 'Ownership Transfer Request.'" (page 3)
 
 
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MDFL Conradis et al v. Geiger et al pdf
6-18-cv-01486 May 1, 2020
Magistrate Judge Embry J. Kidd
 
Stipulated/Agreed -- Motion to Modify Scheduling/Pretrial Order Granted pdf
 
Scheduling/Pretrial Orders
Modification of Scheduling Order
The court granted plaintiffs' unopposed motion to extend discovery by 90 days in part due to a viral pandemic. "The deadlines in the amended scheduling order are later than the parties requested and take into account the COVID-19 pandemic and additional time for discovery after service of process on [one defendant]. Therefore, the Court expects that [the defendant] will be timely served and that discovery will be completed by the deadline set forth in the amended scheduling order. The Court will not grant further extensions of time absent a showing of extraordinary good cause." (page 1)
 
 
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SDFL Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 136.28.12.67 pdf
1-20-cv-20516 May 1, 2020
Magistrate Judge Jonathan Goodman
 
Ex Parte / Emergency -- Motion for Expedited Discovery Granted pdf
 
Confidentiality
Pseudonymity/Anonymity
 
Disclosures & Discovery
Expedited Discovery
The court granted plaintiff's ex parte motion to serve a Rule 45 subpoena on the Doe defendant's ISP prior to the Rule 26(f) conference and allowed the defendant to proceed anonymously. "⁠[Plaintiff] may serve the ISP with a Rule 45 subpoena, commanding it to provide [plaintiff] with the true name, address, telephone number, and e-mail address . . . of the Defendant . . . Defendant will be permitted to continue throughout this litigation under the pseudonym 'John Doe' unless and until the Court issues an Order stating otherwise." (page 2)
 
 
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NDGA Pearl Enterprises, Inc. v. Noonday Holdings, LLC pdf
1-20-cv-01883 May 1, 2020
District Judge Thomas W. Thrash, Jr.
 
Sua Sponte -- Motion to Modify Scheduling/Pretrial Order Granted pdf
 
Scheduling/Pretrial Orders
Modification of Scheduling Order
The chief judge sua sponte issued a second amended order impacting upcoming hearings and trials due to a viral pandemic. "General Order 20-01, dated March 16, 2020, as amended by Order dated March 30, 2020, addresses court operations for the United States District Court for the Northern District of Georgia under the exigent circumstances created by the spread of COVID-19 and the related Coronavirus. The adverse condition giving rise to General Order 20-01 not yet having sufficiently resolved for the Court to return to normal operations, it is therefore ordered that Amended General Order 20-01 is amended to extend the time periods specified therein through and including the date of May 29, 2020." (page 1)
 
 
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NDIL Ty, Inc. v. Target Corporation et al pdf
1-18-cv-02354 May 1, 2020
Magistrate Judge Jeffrey Cole
 
Sua Sponte -- Motion to Modify Scheduling/Pretrial Order Granted pdf
 
Scheduling/Pretrial Orders
Modification of Scheduling Order
The court sua sponte cancelled an upcoming status hearing and deferred entry of a new status date in light of a viral pandemic. "In light of the Third Amended General Order 20−0012 and the present situation, the 5/6/20 status hearing is stricken. We are awaiting finalization of the June schedule and upon receipt of that schedule, a new status date will be set by order of the court and reflected on the docket." (page 1)
 
 
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SDNY Mattel, Inc. v. AnimeFun Store et al pdf
1-18-cv-08824 May 1, 2020
District Judge Loretta A. Preska
 
Motion to Dismiss - Lack of Personal Jurisdiction (FRCP 12(b)(2)) Denied pdf
 
Personal Jurisdiction
Waiver of Objection to Personal Jurisdiction
The court denied defendants' motion to dismiss plaintiff's copyright infringement action for lack of personal jurisdiction and found that defendants waived their jurisdiction argument. "Defendants answered Plaintiff's complaint . . . asserting the lack of personal jurisdiction as an affirmative defense, but did not actively contest personal jurisdiction until they filed their motion to dismiss seven months later . . . . Among other things, they: submitted a Rule 26(f) Plan, filed a motion to compel discovery, attended a pretrial conference, sought extensions of discovery deadlines, exchanged merits discovery, scheduled party depositions, and engaged in settlement discussions with Plaintiff. . . . This extensive pretrial activity is, in the Court's eyes, more than enough to 'give Plaintiff a reasonable expectation' that the . . . Defendants would 'defend Plaintiff's suit on the merits' in the present forum." (page 9)
 
Motion to Dismiss / Quash -- Failure of Service of Process (FRCP 12(b)(5)) Denied pdf
 
Parties
Service of Process
The court denied the Chinese defendants' motion to dismiss plaintiff's copyright infringement action for failure of service of process and rejected defendants' argument that service by email was insufficient. "China's objection to service by postal channels under Article 10 of the Hague Convention does not encompass service by email and that, further, service by email is not prohibited by any international agreement. . . . Defendants engaged in online business and regularly communicated with customers through email. . . . Moreover, service by email was indubitably effective in this case." (page 13)
 
 
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SDNY Totin v. Caliber Associates, Inc. et al pdf
1-19-cv-09702 April 24, 2020
Magistrate Judge Sarah Netburn
 
Sua Sponte -- Motion to Appear Remotely Granted pdf
 
District Court Procedural Issues
Settlement
 
Hearing/Oral Argument
Remote Appearance
The court sua sponte determined that a settlement conference would be conducted remotely due to a viral pandemic. "In light of the public health crisis, the settlement conference . . . will be conducted telephonically rather than in person. . . . If any party is unavailable to participate by telephone conference, that party shall notify the Court and the conference will be adjourned." (page 1)
 
 
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SDOH Tapestry, Inc. f/k/a Coach, Inc. et al v. Al-Reem Inc. d/b/a Courtright Market et al pdf
2-18-cv-01724 May 1, 2020
Magistrate Judge Kimberly A. Jolson
 
Motion to Compel Discovery Granted pdf
 
Deposition & Written Discovery
Interrogatories
 
Request for Production/Inspection
The court granted plaintiff's motion to compel defendants to answer plaintiff's interrogatories and document requests and found defendants' deadlines to respond had passed. "The record in this case demonstrates that Defendants' responses to Plaintiffs' interrogatories and requests for production of documents are long overdue. . . . After failing to meet their initial response deadline, Defendants represented that they would serve responses to those discovery requests approximately three months ago. Defendants failed to do so. Defendants are, therefore, ordered to produce their responses to Plaintiffs' discovery requests [within 10 days]." (page 2)
 
 
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