Protecting restaurant name, decor and floor plan requires distinctive, unique, and creative elements
December 31, 2012Selling a restaurant using separate asset purchase and management agreements
December 31, 2012Kernal Records Oy sued Timothy Z. Mosley and others claiming copyright infringement. The defendants filed a motion for summary judgment to have the claims dismissed and the trial court granted defendant’s motion. The Eleventh Circuit Court determined that the trial court improperly granted the defendant’s motion for summary judgment; however, after reviewing the record and determining that there was no probative evidence that the plaintiff had registered its copyright or that the alleged work was a foreign work exempt from registration, the court affirmed dismissal of plaintiff’s claims.
To comply with statutory requirements for maintaining a proper copyright infringement lawsuit, it is important to file an application to register your copyright in the United States Copyright Office. Additional benefits like eligibility for statutory damages and attorney’s fees make this relatively inexpensive exercise worth the effort and expense. Do not wait until you have a problem.
Case Name: Kernel Records Oy v. Timothy Z. Mosley, et al
Date: September 14, 2012
Jurisdiction: Eleventh Circuit Court of Appeals
Case Type: Copyright infringement, Copyright registration prerequisite to suit
Case Status: Defendant’s motion for summary judgment
Trial Court: Granted defendant’s motion for summary judgment and dismissed plaintiff’s claims
On Appeal: Reversed trial court’s summary judgment; but affirmed dismissal of plaintiff’s claims on other grounds
