Tag Archives: Judge Cote

Judge Cote: First Verse of “We Shall Overcome” Not an Original Work Subject to Copyright

Last week, Judge Cote granted a motion for summary judgment challenging the copyright for the civil rights anthem “We Shall Overcome.”  Plaintiffs, the We Shall Overcome Foundation, argued that the similarities between the copyrighted song and a 1948 version in the public domain meant that the first verse of the famous song was not sufficiently original … Continue Reading

Challenge to “We Shall Overcome” Copyright Survives Motion to Dismiss

In an opinion yesterday, Judge Cote granted in part and denied in part a motion to dismiss a case challenging the copyright to “We Shall Overcome,” the unofficial anthem of the U.S. civil rights movement.  (See our prior post on the case here.) The defendant copyright owners argued that the copyrighted song was sufficiently different from … Continue Reading

Class Action Suit Challenges Copyright for “We Shall Overcome”

Last week, the We Shall Overcome Foundation filed a complaint on behalf of a purported class challenging the copyright of “We Shall Overcome,” the unofficial anthem of the U.S. civil rights movement.  The We Shall Overcome Foundation attempted to use the song in a documentary film, and the defendant copyright holders denied the request.  The complaint argues that the song has the same lyrics … Continue Reading

Judge Cote Grants Permanent Injunction for Fake Internet Reviews About Competitor

On Monday, Judge Cote granted a laser hair removal operator’s request for an injunction (included as part of a summary judgment motion) against another laser hair removal operator that had posted false reviews from fake accounts on internet consumer forums including Yelp.com and CitySearch.com.  Judge Cote found that these reviews represented unfair trade practices under the Lanham Act … Continue Reading

Second Circuit Affirms Antitrust Ruling Against Apple in E-Books Case

In a 2-1 opinion yesterday, the Second Circuit affirmed the bench trial findings of Judge Cote that Apple orchestrated a price fixing conspiracy with book publishers to collectively raise the $9.99 per-book price that Amazon was charging and that publishers believed was damaging to their business in the long term. Apple signed contracts with the publishers … Continue Reading

Judge Scheindlin Allows Class Action Over Barclays “Dark Pool” to Proceed

In an opinion Friday, Judge Scheindlin largely denied Barclays’ motion to dismiss a securities fraud class action alleging that Barclays misled investors about its anonymous trading platform, or “dark pool,” referred to as “LX.”  At the outset, Judge Scheindlin found it appropriate for the plaintiffs to have borrowed substantially from the New York Attorney General’s … Continue Reading

Judge Cote Employs Forensic Examination to Determine Brief Was Served Too Late

In an opinion today, Judge Cote granted Tory Burch summary judgment in a case concerning knock-off merchandise.  The motion was deemed unopposed based the defendants’ misconduct, including spoliation and fabrication of evidence.  In a particularly notable passage, the opinion discloses that the Court ordered a forensic examination of the defendants’ opposition papers, and, from that examination, … Continue Reading

Judge Castel Rules 10(b) Claims Are Limited to Buyers and Sellers, Even in Injunction Cases

In an opinion dated yesterday, Judge Castel dismissed a suit challenging the proposed merger between a Chilean bank (Itau) and a Brazlian bank (CorpBanca) because the plaintiff, Cartica, was not a “purchaser” or “seller” in relation to the alleged fraud.  It was merely a stockholder. In doing so, he took one side of an issue … Continue Reading

Judge Hellerstein Rules That Searchable TV Database Service is “Fair Use”

In an opinion dated yesterday, Judge Hellerstein ruled that a service called “TVEyes,” which “monitors and records all content broadcast by more than 1,400 television and radio stations twenty-four hours per day, seven days per week, and transforms the content into a searchable database for its subscribers,” was “fair use” under the copyright laws, and … Continue Reading

Judge Cote Allows Credit Default Swap Antitrust Action to Proceed

In an opinion today, Judge Cote largely denied motions to dismiss from various banks and others accused of colluding to maintain control of the market for credit default swaps. According to the complaint, a joint venture led by Citadel tried to establish a clearinghouse called CMDX that would potentially threaten the defendants’ market dominance, and … Continue Reading

Judge Cote Rejects, As a Matter of Law, Banks’ Defense That FHFA Knew Mortgage Securities Were Defective

In an opinion dated Friday, Judge Cote granted partial summary judgment to the FHFA (the conservator for the two Government-Sponsored Enterprises, or “GSEs,” Fannie Mae and Freddie Mac), dismissing various banks’ affirmative defense that the GSEs had knowledge that the mortgage securities at issue were defective. The essence of her ruling was that, while the … Continue Reading

Judge Rakoff Splits With Judge Cote On “Ascertainable” Element of Class Certification

In an opinion today, Judge Rakoff explained the reasons for his granting class certification in December of a case alleging that the defendants sold a product labeled “100% Pure Olive Oil” that, in fact, contained an industrially processed substance called “pomace” made from skins and pits of olives from which the oil had already been … Continue Reading

In Written Decision Upholding Apple Antitrust Monitor, Judge Cote Urges “Reset” of Relations

This morning, Judge Cote issued a written decision reflecting an earlier, oral order to deny Apple’s motion to stay the work of an external monitor pending appeal of the case in which Apple was found liable for antitrust violations relating to the sale of e-books. Judge Cote found that Apple had largely waived arguments about … Continue Reading

Apple Seeks to Stay The Work of “Adversarial” Antitrust Monitor Pending E-Books Appeal

In briefing completed this evening, Apple moved to stay the portion of the injunction Judge Cote imposed in the e-books price-fixing case relating to an external antitrust monitor that Apple contends is improperly acting as an adversary in violation of the Constitution’s separation of powers and the federal rules.  (We covered Apple’s earlier objection to … Continue Reading

Judge Cote Agrees With Apple That Antitrust Monitor Should Not Speak Ex Parte With Court

In an Order Monday, Judge Cote agreed with Apple’s objection, discussed in the post below, that its external antitrust monitor should not contact the court ex parte. As for Apple’s other objections concerning ex parte witness interviews and the monitor’s compensation, she directed the parties to confer with the government and, if the issues could … Continue Reading

Apple Seeks to Limit Power and Pay of Antitrust Monitor

As part of the remedy for Apple’s antitrust violations relating to the sale of e-books, Judge Cote in September required that Apple employ an antitrust monitor to evaluate its antitrust policies and compliance.  On November 21, Judge Cote, apparently sua sponte, proposed amendments to her final judgment that would allow the monitor, Michael Bromwich, to interview Apple employees … Continue Reading
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