Today the Sixth Circuit affirmed a judgment awarding a music publisher statutory damages and attorneys’ fees for willful infringement of its copyrights. The defendant infringed by recording the melodies on a compact disk and adding graphics to allow projection of the lyrics on a screen. Zomba Enterprises, Inc. v. Panorama Records, Inc. , No.s
Libeler Not Liable to Jurisdiction, Second Circuit Rules
The Second Circuit today affirmed dismissal of a libel claim for lack of personal jurisdiction under the New York long-arm statute. The court held that defamatory website statements about a Brooklyn moving company didn’t subject the Iowa website owner to jurisdiction in the Empire State. The court also detailed New York’s general reluctance to take
Climate Change Litigation — and Retirement Grease
Groundskeeper Willie.
Blawgletter’s firm started a Climate Change Litigation practice area last year. Now it’s become a trend. See today’s The Dallas Morning News story here.
We also noted this morning, with a smile, "Oil Companies Hope Grease Is the Word for Fuel" in The Wall Street Journal. The story reminds us
Antitrust Update: Dr. Miles to Go Before We Sleep (Update)
Blawgletter has noted that the U.S. Supreme Court ends its public sessions for the 2006 Term tomorrow, June 25, 2007. [The Court announced that it will sit again on Thursday, June 28.] We’ve also pointed out that the Court retains one big bidness law case to decide before the summer adjournment — Leegin Creative
Why We Err
Blawgletter’s old friend from Philadelphia says "ur" when she means "err". Her noun form — "error" — comes out as "urur". We suppose they teach it that way at Bryn Mawr.
Which cast us to wondering about human fallibility — specifically the kind that makes us credulous, trusting, gullible, trickable, defraudable fools. What about our
Saturday Roundup; Plus a Shout-Out
Blawgletter styles ourselves Business trial law with a sense of humor. Judge for yourself by taking a gander at our favorite posts from this week:
- Review Review: Orlando Patterson on Clarence Thomas.
- Supreme Court Rules for Securities Industry, Will Review ERISA Case.
- Gaza-palooza: Who Has Palestinian Authority?
- What Do You Mean Funny? Funny How?
Who Said It?
Blawgletter has read a lot lately about the current administration’s reverence for the rule of law. Take the vice president as a for instance. He’s claimed King’s X on oversight of how he handles top secret stuff. The White House supports his position on the ground that "the president gets to decide" whether or
Annals of Trademark Law: “Chi”, “Chi Plus”, and Likelihood of Confusion
Will consumers of electric therapeutic massagers likely confuse the "Chi" brand with the "Chi Plus" brand? Shockingly, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board said nu-uh. The Federal Circuit disagreed, holding yea-huh. China Healthways Institute, Inc. v. Wang, No. 06-1464 (Fed. Cir. June 22, 2007).
Barry Barnett
D.C. Circuits Holds Grand Jury Witness Can Review Transcripts
The D.C. Circuit today answered a question that it hadn’t addressed before — whether a grand jury witness has a right to read the transcript of his testimony in preparation for another appearance before the grand jury. The court held that the witness does indeed have that right. The court also mentioned that the district
What Does Tellabs Tell us?
Blawgletter predicts that yesterday’s decision in Tellabs, Inc. v. Makor Issues & Rights Ltd., No. 06-484 (U.S. June 21, 2007), will enhance the importance, and improve the quality, of story-telling in securities fraud pleadings.
Tellabs turns on what Congress meant 12 years ago by "strong inference" of scienter in the Private Securities Litigation