Friday, May 30, 2014

Copyright infringement, laches, temporary restraining order and asparagus hot grilled with walnut oil, garlic, and mediterranean herbs

Copyright -- Infringement -- Limitation of actions -- Laches cannot be invoked to bar relief on copyright infringement claim brought within three-year window of Section 507(b) of the Copyright Act -- While laches cannot be invoked to preclude adjudication of claim for damages brought within Act's three-year window, in extraordinary circumstances laches may, at very threshold of litigation, curtail the relief equitably awarded -- Where petitioner, in her suit for copyright infringement, sought relief solely for conduct occurring within three-year limitations period, lower courts' position that laches barred petitioner's suit in its entirety, without regard to currency of conduct complained of, was contrary to Section 507(b) and Supreme Court's precedent on province of laches
PAULA PETRELLA, Petitioner v. METRO-GOLDWYN-MAYER, INC., et al. U.S. Supreme Court.

Injunctions -- Temporary restraining order -- Inexcusable delay -- Motion for TRO to prevent the sale of counterfeit merchandise outside concert venue is denied where plaintiff's decision to wait until seven days prior to concert to seek injunctive relief constituted inexcusable delay resulting in a manufactured emergency violative of local rules and Federal Rules Of Civil Procedure -- TRO is also deniable on basis that plaintiff neglected to estimate the number of “bootleggers” expected, value of seized merchandise, or a reasonable amount of security -- TRO is unreasonably broad where it names unknown and unnamed “John Doe” defendants, seeks to extend injunction to a ten mile radius around concert venues, and unacceptably permits federal, state, and local law enforcement to assign service and seizure of the unauthorized merchandise to “anyone acting under their supervision”
BRAVADO INTERNATIONAL GROUP MERCHANDISING SERVICES, INC., Plaintiff, v. MIKE SMITH, JOHN DOES 1-100, JANE DOES 1-100, XYZ COMPANY, Defendants. U.S. District Court, Middle District of Florida, Tampa Division.

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