Marvel Characters, Inc. v. Kirby
Filed: August 8, 2013 as 11-3333
Court: U.S. Court of Appeals, Second Circuit
Defendant - Appellee: Marvel Entertainment, Incorporated, Walt Disney Company
Defendant-Counter-Claimant - Appellant: Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby
Plaintiff-Counter-Defendant - Appellee: Marvel Characters, Incorporated, Marvel Worldwide, Incorporated, MVL Rights, LLC
Gary Friedrich Enters., LLC v. Marvel Characters, Inc.
Filed: June 11, 2013 as 12-893
Court: U.S. Court of Appeals, Second Circuit
Defendant: 3 Day Blinds, AAGlobal Industries, ABDO Publishing, Activision Blizzard, Inc., Adorable Kids, Art.Com Inc., Artimonde Trading Inc., Asgard Press, AST Sportwear Inc., Becker and Mayer LLC, Berkshire Fashions, Best Brands Consumer Products Inc., Biodome, Bowen Designs, Brown Shoes, Buster Brown & Co., Buy Rite Designs, Calego International, CDVisionary, Clicks Worldwide, Comic Images, Conopco Inc., DBA Unilever, DBA Unilever Canada, Inc., Corbis Corporation, Courage Brands Inc., CSS Industries, DCL Motion Pictures LLC, DCL Motion Pictures, LLC, DCL Motion Products, Desperate Enterprises, Inc., Diamond Select Toys and Collectibles LLC, Doris Kindersly Ltd., Every Pictures Tells a Story
and others
Defendant - Appellee: Columbia Pictures Industries, Inc., a Delaware corporation, Columbia Tri-Star Motion Picture Group, a joint venture, Crystal Sky Pictures, a California corporation, Hasbro, Inc., a Rhode Island Corporation, Marvel Characters B.V., Marvel Enterprises, Incorporated, a Delaware corporation, Marvel Entertainment, Incorporated, a Delaware corporation, Marvel International Character Holdings, Inc., Marvel Studios, Inc., a Delaware corporation, Marvel Worldwide, Inc., Michael De Luca Productions, Inc., a California corporation, Relativity Media L.L.C., a California corporation, Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc., a Delaware corporation
Defendant-Counter-Claimant - Appellee: Marvel Characters, Inc., a Delaware corporation
Plaintiff-Counter-Defendant - Appellant: Gary Friedrich, Gary Friedrich Enterprises, LLC.
ARNALDO PINTO V. THE WALT DISNEY COMPANY
Filed: June 7, 2013 as 11-56781
Court: U.S. Court of Appeals, Ninth Circuit
Defendant: THE WALT DISNEY COMPANY, through their division
Defendant - Appellee: LABORER'S LOCAL UNION NO. 652, LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LABORERS' LOCAL UNION NO 652, International Unions and the Los Angeles/Orange Counties Building and Construction Trades Council, PLUMBERS & STEAMFITTERS LOCAL UNION NO 582, WALT DISNEY PARKS AND RESORTS U.S., INC., FKA Walt Disney World Co.
Plaintiff - Appellant: ARNALDO PINTO, BENJAMIN PUENTES, FAUSTO C. TORRES, JESUS ENRIQUEZ ACERO, JUAN C. GUZMAN, JUAN FELIX VALENZUELA, RICARDO RIVERA(Z)
Anesh Gupta v. Walt Disney World Company
Filed: May 17, 2013 as 12-14770
Court: U.S. Court of Appeals, Eleventh Circuit
Defendant - Appellee: WALT DISNEY WORLD COMPANY
Plaintiff - Appellant: ANESH GUPTA
COLUMBIA PICTURES INDUSTRIES, V. GARY FUNG
Filed: March 21, 2013 as 10-55946
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellant: GARY FUNG, ISOHUNT WEB TECHNOLOGIES, INC.
Plaintiff - Appellee: COLUMBIA PICTURES INDUSTRIES, INC., DISNEY ENTERPRISES, INC., PARAMOUNT PICTURES CORPORATION, TRISTAR PICTURES, INC., TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL CITY STUDIOS LLLP, UNIVERSAL CITY STUDIOS PRODUCTIONS, LLLP, WARNER BROS ENTERTAINMENT, INC.
Copyright. The panel affirmed in part and vacated in part the district court’s judgment in favor of film studios, which alleged that the services offered and websites maintained by the defendants induced third parties to download infringing copies of the studios’ copyrighted works. Affirming the district court’s summary judgment, the panel held that under Metro-Goldwyn-Mayer Studios, Inc. v. Grokster Ltd., 545 U.S. 913 (2005), the defendants were liable for…
SLESINGER V. DISNEY ENTERPRISES
Filed: January 7, 2013 as 11-1593
Court: U.S. Court of Appeals, Federal Circuit
Stephen Slesinger, Inc. v. Disney Enters., Inc.
Filed: December 21, 2012 as 11-1593
Court: U.S. Court of Appeals, Federal Circuit
In 1930, A.A. Milne transferred to Slesinger exclusive merchandising and other rights to Winnie-the-Pooh works in the U.S. and Canada. In 1961, Slesinger exclusively “assigned, granted, and set over to” Disney the rights in the 1930 agreement. A 1983 agreement sought to resolve the parties’ disputes, but Slesinger contends it retained rights in the works, while Disney maintains Slesinger assigned all rights. In 1991, before the present litigation, Slesinger sued in state court,…
CELADOR INTERNATIONAL, INC. V. AMERICAN BROADCASTING COMPANIE
Filed: December 3, 2012 as 11-55104
Court: U.S. Court of Appeals, Ninth Circuit
Defendant: THE WALT DISNEY COMPANY, WALT DISNEY WORLD COMPANY, a Florida corporation
Defendant - Appellant: AMERICAN BROADCASTING COMPANIES, INC., a New York corporation, BUENA VISTA TELEVISION, a California corporation, VALLEYCREST PRODUCTIONS, LTD.
Plaintiff: LUSAM MUSIC, LTD., a United Kingdom corporation, PAUL SMITH, an individual
Plaintiff - Appellee: CELADOR INTERNATIONAL, INC., a United Kingdom corporation
DISNEY ENTERPRISES, INC. V. STEPHEN SLESINGER, INC.
Filed: November 30, 2012 as 10-56782
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellant: STEPHEN SLESINGER, INC.
Plaintiff - Appellee: DISNEY ENTERPRISES, INC.
Ault, et al. v. Walt Disney World Co., et al.
Filed: August 30, 2012 as 11-12013
Court: U.S. Court of Appeals, Eleventh Circuit
: SERVICE
Defendant - Appellee: WALT DISNEY CORLD CO.
Interested Party - Appellant: JERRY KERR
Intervenor - Appellant: ALAN A. MACCINI, DANIEL M. GADE, DISABILITY RIGHTS ADVOCATES FOR TECHNOLOGY, JAMES F. OVERBY, JERRY MILLER
Plaintiff - Appellant: DAN WALLACE, on his own behalf and on behalf of all others similarly situated, MAHALA AULT, on her own behalf and on behalf of all others similarly situated, STACIE RHEA, on her own behalf and on behalf of all others similarly situated
Objectors appealed the district court's approval of a class action settlement. The underlying case involved allegations that Disney violated Title III of the Americans with Disabilities Act, 42 U.S.C. 12182 et seq., by implementing a policy that banned the use of two-wheeled vehicles, including Segways, by customers within its park and hotels, without exception. The court held that the district court did not abuse its discretion in certifying the class and in approving the settlement.…
WPIX, Inc. v. IVI, Inc.
Filed: August 27, 2012 as 11-788
Court: U.S. Court of Appeals, Second Circuit
Defendant - Appellant: IVI, Inc., Todd Weaver
Plaintiff - Appellee: American Broadcasting Companies, Inc., CBS Broadcasting Inc., CBS Studios, Inc., Cox Media Group, Inc., Disney Enterprises, Inc., Fisher Broadcasting-Seattle TV, L.L.C., Fox Television Stations, Inc., MLB Advanced Media, L.P., NBC Studios, Inc., NBC Telemundo License Company, NBC Universal, Inc., Office of the Commissioner of Baseball, Public Broadcasting Service, Telefutura Network, Telemundo Network Group LLC, The CW Television Stations Inc., The Univision Network Limited Partnership, THIRTEEN, Tribune Television Holdings, Inc., Tribune Television Northwest, Inc., Twentieth Century Fox Film Corporation, Universal Network Television, LLC, Univision Television Group, Inc., WGBH Educational Foundation, WNET.ORG, WPIX, Inc.
Plaintiffs, producers and owners of copyrighted television programming, sued defendants for streaming plaintiffs' copyrighted television programming over the Internet live and without their consent. The court, applying Chevron analysis, held that: (1) the statutory text was ambiguous as to whether defendant, a service that retransmitted television programming over the Internet, was entitled to a compulsory license under section 111 of the Copyright Act, 17 U.S.C. 111; (2) the statute's…
Baughman v. Walt Disney World Co.
Filed: July 18, 2012 as 10-55792
Court: U.S. Court of Appeals, Ninth Circuit
Defendant - Appellee: WALT DISNEY WORLD COMPANY
Plaintiff - Appellant: TINA BAUGHMAN
Plaintiff, who suffered from limb girdle muscular dystrophy, sued Walt Disney World Company under the Americans with Disabilities Act (ADA), claiming that Disney denied her full and equal access to Disneyland by prohibiting her from using a Segway at Disneyland. Disney's policy was to allow wheelchairs and motorized scooters, but two-wheeled vehicles or devices were prohibited. The district court granted summary judgment for Disney, holding that Plaintiff was judicially estopped from…
Anesh Gupta v. Walt Disney World Company
Filed: July 16, 2012 as 11-14181
Court: U.S. Court of Appeals, Eleventh Circuit
Defendant - Appellee: WALT DISNEY WORLD COMPANY
Plaintiff - Appellant: ANESH GUPTA
ROB BRANTLEY V. NBC UNIVERSAL, INC.
Filed: March 30, 2012 as 09-56785
Court: U.S. Court of Appeals, Ninth Circuit
Defendant: CHARTER COMMUNICATIONS, INC.
Defendant - Appellee: CABLEVISION SYSTEMS CORPORATION, COMCAST CABLE COMMUNICATIONS, COMCAST CORPORATION, COXCOM, INC., DISH NETWORK SERVICE, LLC, as successor to Echostar Satellite, LLC, FOX ENTERTAINMENT CROUP, INC., NBC UNIVERSAL, INC., THE DIRECTV GROUP, INC., THE WALT DISNEY COMPANY, TIME WARNER CABLE, INC., TURNER BROADCASTING SYSTEMS, INC., VIACOM INC.
Plaintiff - Appellant: BEVERLEY COSTLEY, individually and on behalf of all others similarly situated, CHRISTINA HILLS, individually and on behalf of all others similarly situated, DARRYN COOKE, individually and on behalf of all others similarly situated, JOSEPH VRANICH, individually and on behalf of all others similarly situated, JOY PSACHIE, individually and on behalf of all others similarly situated, MICHAEL B. KOVAC, individually and on behalf of all others similarly situated, MICHELLE NAVARRETTE, individually and on behalf of all others similarly situated, PETER G. HARRIS, individually and on behalf of all others similarly situated, ROB BRANTLEY, individually and on behalf of all others similarly situated, WILLIAM COSTLEY, individually and on behalf of all others similarly situated
Nature of Suit: Antitrust
STEPHEN SLESINGER, INC. V. DISNEY ENTERPRISES, INC.
Filed: March 30, 2012 as 11-1593
Court: U.S. Court of Appeals, Federal Circuit
SLESINGER V DISNEY ENTERPRISES
Filed: January 19, 2012 as 11-1593
Court: U.S. Court of Appeals, Federal Circuit
Rob Brantley, et al v. NBC Universal, Inc., et al
Filed: October 31, 2011 as 09-56785
Court: U.S. Court of Appeals, Ninth Circuit
Defendant: CHARTER COMMUNICATIONS, INC.
Defendant - Appellee: CABLEVISION SYSTEMS CORPORATION, COMCAST CABLE COMMUNICATIONS, COMCAST CORPORATION, COXCOM, INC., DISH NETWORK SERVICE, LLC, as successor to Echostar Satellite, LLC, FOX ENTERTAINMENT CROUP, INC., NBC UNIVERSAL, INC., THE DIRECTV GROUP, INC., THE WALT DISNEY COMPANY, TIME WARNER CABLE, INC., TURNER BROADCASTING SYSTEMS, INC., VIACOM INC.
Plaintiff - Appellant: BEVERLEY COSTLEY, individually and on behalf of all others similarly situated, CHRISTINA HILLS, individually and on behalf of all others similarly situated, DARRYN COOKE, individually and on behalf of all others similarly situated, JOSEPH VRANICH, individually and on behalf of all others similarly situated, JOY PSACHIE, individually and on behalf of all others similarly situated, MICHAEL B. KOVAC, individually and on behalf of all others similarly situated, MICHELLE NAVARRETTE, individually and on behalf of all others similarly situated, PETER G. HARRIS, individually and on behalf of all others similarly situated, ROB BRANTLEY, individually and on behalf of all others similarly situated, WILLIAM COSTLEY, individually and on behalf of all others similarly situated
Nature of Suit: Antitrust
Brantley, et al. v. NBC Universal, Inc., et al.
Filed: June 3, 2011 as 09-56785
Court: U.S. Court of Appeals, Ninth Circuit
Defendant: CHARTER COMMUNICATIONS, INC.
Defendant - Appellee: CABLEVISION SYSTEMS CORPORATION, COMCAST CABLE COMMUNICATIONS, COMCAST CORPORATION, COXCOM, INC., DISH NETWORK SERVICE, LLC, as successor to Echostar Satellite, LLC, FOX ENTERTAINMENT CROUP, INC., NBC UNIVERSAL, INC., THE DIRECTV GROUP, INC., THE WALT DISNEY COMPANY, TIME WARNER CABLE, INC., TURNER BROADCASTING SYSTEMS, INC., VIACOM INC.
Plaintiff - Appellant: BEVERLEY COSTLEY, individually and on behalf of all others similarly situated, CHRISTINA HILLS, individually and on behalf of all others similarly situated, DARRYN COOKE, individually and on behalf of all others similarly situated, JOSEPH VRANICH, individually and on behalf of all others similarly situated, JOY PSACHIE, individually and on behalf of all others similarly situated, MICHAEL B. KOVAC, individually and on behalf of all others similarly situated, MICHELLE NAVARRETTE, individually and on behalf of all others similarly situated, PETER G. HARRIS, individually and on behalf of all others similarly situated, ROB BRANTLEY, individually and on behalf of all others similarly situated, WILLIAM COSTLEY, individually and on behalf of all others similarly situated
Nature of Suit: Antitrust
Plaintiffs, a putative class of retail cable and satellite television subscribers, brought suit against television programmers and distributors alleging that programmers' practice of selling multi-channel cable packages violated Section 1 of the Sherman Act, 15 U.S.C. 1. At issue was whether the district court properly granted programmers' and distributors' motion to dismiss plaintiffs' third amended complaint with prejudice because plaintiffs failed to allege any cognizable injury to…
Mahala Ault v. Walt Disney World Co.
Filed: December 14, 2010 as 09-15668
Court: U.S. Court of Appeals, Eleventh Circuit
Tina Randolph v. Dimension Films, et al
Filed: June 24, 2010 as 09-20495
Court: U.S. Court of Appeals, Fifth Circuit
Defendant - Appellee: JOHN DOE(S) 1-999
Defendant - Appellee Cross-Appellant: BUENA VISTA HOME ENTERTAINMENT, INC., COLUMBIA PICTURES, DIMENSION FILMS, ELIZABETH AVELLAN, MIRAMAX FILM CORP., R. M. RODRIGUEZ, By parent and next friend, Robert Rodriguez, ROBERT RODRIGUEZ, SONY PICTURES ENTERTAINMENT, INC., TROUBLEMAKER STUDIOS, WALT DISNEY CO.
Plaintiff - Appellant Cross-Appellee: TINA M. RANDOLPH
