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Category: Litigation

Even trolling can be treated as insulting of judge

David Diptych “The Judgment of Cambyses”

In Russia there is one interesting occasion. In The commercial court of Krasnodar there is one bankrupt case. The party of the case has sent to judge the motion in envelope with reproduction of “The Judgement of Cambyses”. There was not anything special in motion. It even does not matter what the case is about, the matter is the judge got indignant and scheduled separate court meeting in order to find out why the party has sent its motion in envelope with questionable reproduction.

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Russian Facebook VKontakte intends to settle copyright infringement lawsuit

Many Russian right holders have tried to “punish” Russian popular social network VKontakte – Russian Facebook – for copyright infringement. Users of this social network like Vkontakte because you can get satisfaction for your taste in music, video or even books. But in most cases right holders failed because Vkontakte’s position is always the same – “we are only informational intermediary”, therefore “we are not liable if the user posts or links to any illegal content”, “we can only takedown such content in our network”.

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How to choose between actual or statutory damages – simply inform the court

When Robert Smith (aka Bigg Robb) recorded his song Looking for a Country Girl, he probably was not looking for a legal battle, too. But Bernard Thomas (aka Bishop Bullwinkle) copied the beat from Smith’s song to make a new one – called Hell 2 Da Naw Naw – and suddenly became famous. Understandably upset at his work being copied, Smith informed Thomas of the issue and attempted to negotiate a resolution. When that failed, he sued and won.

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A trademark cannot be separated from the goodwill of a business

An attempt to simultaneously sell a restaurant and license associated intellectual property has led to ten years of litigation in state and federal court. Michael Shwartz and his family owned and operated the Camellia Grill restaurant on Carrollton Avenue (the “Carrollton restaurant”) for decades. He operated the business – the single restaurant – through a wholly owned corporation, Camellia Grill, Inc. In 1999, Shwartz formed CGH for the sole purpose of owning federally registered Camellia Grill trademarks.

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Russian writer believes Smeshariki (Kikoroki) are plagiarized from his works

One Russian writer has sued the creators of cartoons Smeshariki (Kukoriki) – popular Russian cartoon serial – for plagiarism. He believes the screenplays for certain series have been plagiarized from his literary works. And he knew it thanks to Siberian scientists. They have developed new system “anti-plagiarism” which revealed multiple rip off in cartoons.

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Meeting with celebrity is not consideration for copyright assignment

Fraser Munden and Michael Glasz are professional filmmakers specialized in documentary filmmaking. They operate a production company under the name Thoroughbred Pictures Inc. which was incorporated in 2013. Fraser is responsible for the creative works and Michael is responsible for the administration of the company. Alexandre Choko, is a real estate agent who, at all relevant times herein, was a boxing promoter, author of a published work entitled “The Future of Boxing” and boxer.

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Dental smile copyright

This is a case about alleged copyright infringement of photographs of teeth.

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First application of administrative punishment by “link” in Russia

In Russia there is a law prohibiting the dissemination of explicit content in internet. The liability for violation of such law should bear also the owner of mass media or operator of web-site where the content is published or through with the explicit content is disseminated. The Russian online media resource Vedomosti has been fined for dissemination of explicit content despite the fact that there was warning and the content in question has been available on twitter through the link.

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Is a laptop with pre-installed software a fair deal?

Mr Deroo-Blanquart acquired a Sony laptop in France which was equipped with pre-installed software including Windows Vista Home Premium operating system and various other software applications. When using that computer for the first time, Mr Deroo-Blanquart refused to subscribe to the operating system’s ‘end-user licence agreement’ (EULA), displayed on that computer’s screen, and requested, on 30 December 2008, reimbursement from Sony of the part of the purchase price of the computer corresponding to the cost of the pre-installed software.

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USA copyright office should help Russian cinemas to avoid payment of royalties for synch right

Russian collective management society this year has sued different cinemas for non-payment of royalties for synchronization right. According to current Russian law the Russian Authors Society has received state accreditation for collecting of royalties for synch right. State accreditation in collective management of rights means the holder of such accreditation can collect royalties in the name of right holders, who even did not provide authority to do it.

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