Posts Tagged ‘New York’

Red Flag

Appeals Court Sides With Viacom, Dismisses YouTube Summary Judgment Claim

The Second Circuit Court of Appeals has just delivered its Opinion in Viacom v. YouTube, and it has held, unanimously, that YouTube is not entitled to summary judgment on Viacom’s $1bn copyright claim.  The decision reverses the Southern District of New York’s finding that YouTube didn’t need to go to trial to determine whether it was [...]

Red Flag

Viacom Counters YouTube’s “1-in-a-billion” Red Flag and “Unlimited Storage” Arguments

YouTube does not cite the relevant DMCA language in its latest series of arguments because it has no answer to it, according to the reply letter brief filed yesterday in the Second Circuit by Viacom and The Football Association (et al.).   In October, the parties in Viacom’s $1bn copyright lawsuit against YouTube for historic [...]

Viacom’s Reply to YouTube DMCA Additional Arguments Is In

Fresh off Justia this morning is Viacom and The Premier League’s reply to YouTube’s court-ordered letter brief, as covered here.  A copy of the filing in the Second Circuit is below and is well worth a read.  Comments will follow later today. Viacom v. YouTube – Pls.’ Post Argument Brief (10-3270)

Viacom v. YouTube – YouTube’s Post Argument Brief on “Storage” and “Red Flag Knowledge”

Here’s YouTube’s post-argument brief on the extent of the “storage” exemption from liability under the DMCA, and clarification of how their assessment of  knowledge under the statute can operate in a “red flag” regime.  Comments will follow in due course, but an initial review suggests a slight rowing back from the position adopted at the [...]

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UPDATED: Viacom v. YouTube: Second Circuit Asks YouTube To Clarify Its Position On Storage and Red Flags

This is pretty big breaking news from New York.  After last week’s oral argument in Viacom v. YouTube (2d. Cir. 10-3270), the Second Circuit has reportedly asked YouTube two questions regardings its affirmative defense under 17 U.S.C. § 512(c)(1) (the DMCA) to Viacom’s copyright infringement claims. According to Twitter GC @amac, from whom I got [...]

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Viacom v. YouTube Appeal: “Endless whack-a-mole”, “just plain crazy” and “red herrings”

The DMCA should allow businesses to ignore their own conclusions about the extent of copyright infringement on their systems until a copyright owner notifies it of individual, specifically identifiable materials on the site, according to YouTube at today’s summary judgment oral arguments at the Second Circuit in Viacom v. YouTube. In other words, service providers [...]

Now We Know Who Will Hear Viacom v. YouTube Appeal in Second Circuit

Have you been wondering who is going to decide Viacom’s Appeal against Judge Louis Stanton’s summary judgment opinion in their $1bn lawsuit against YouTube?  Me too; and now we know. The Second Circuit has this morning updated its calendar for next week and informs us that the Panel hearing the appeal at the Federal Courthouse [...]

BREAKING – Second Circuit Court of Appeals Sets Date For Viacom vs. YouTube Appeal

BREAKING NEWS – The Court of Appeals for the Second Circuit has just published its calendar for the week beginning October 17, 2011 and it contains what many of us have been waiting a long time to see – Viacom’s appeal against Judge Louis Stanton’s finding that YouTube is a beneficiary of the DMCA’s safe [...]

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New York Becomes Latest Court To Rule Against Use of Trademarks in AdWords

A District Court in New York has become the latest to find that using a competitor’s trademark in Google’s AdWords program can be trademark infringement. District Judge Roslynn R. Mauskopf found that the Defendants’ selection of “PILLOW PETS” and similar marks as a trigger for Google Ads is likely an infringement of the Plaintiff’s registered trademarks [...]

louboutin

Judge-Led Charge Against American Fashion Designers Continues

Fashion designers, as a class, should gain only limited IP protection, according to Judge Victor Marrero of the Southern District of New York.  Giving judgment in Christian Louboutin SA et al v. Yves Saint Laurent America, Inc et al., 1:11-cv-2381 (NYSD August 10, 2011), Judge Marrero acknowledged that the world famous Louboutin house has acquired [...]