The defendants in a trademark infringement lawsuit brought by Amazon over a scheme to sell counterfeit Amazon Fire TV remotes in its store are in default, and the prerequisites for default judgment have been met, said Amazon’s ex parte motion Monday (docket 2:23-cv-01060) for default judgment and permanent injunction against Li Qiang, Shenzhen Yinxi Electronic Commerce and “John Doe” defendants in U.S. District Court for Western Washington in Seattle.
Internet Archive's theory that its controlled digital lending (CDL) program is protected by fair use under the Copyright Act would have “devastating consequences” for the music, movie and news media industries if the 2nd U.S. Circuit Appeals Court reversed a lower court's decision, said an amicus brief Friday (docket 23-1260) from the Recording Industry Association of America, National Music Publishers’ Association, Motion Picture Association and the News/Media Alliance.
Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.
Former GOP presidential candidate Vivek Ramaswamy opposes Telephone Consumer Protection Act plaintiff Thomas Grant's motion for limited expedited discovery to preserve relevant records of calls that Ramaswamy’s campaign, Vivek 2024, made to Grant and his putative class, said Ramaswamy’s opposition Friday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus.
A day after DOJ and the attorneys general of 15 states and the District of Columbia sued to challenge Apple’s alleged monopoly power in the smartphone market (see 2403210042), two class actions were filed Friday in New Jersey and California to address Apple’s allegedly anticompetitive and exclusionary conduct. A fourth action was filed Saturday in California.
Roswell, Georgia, is pushing back against T-Mobile’s resistance to the city’s motion to substitute a new RF engineering expert witness after its previous expert resigned suddenly March 2, saying the job was too stressful (see 2403180002).
SolarWinds responded in December 2020 “just as a public company should” when it learned it had suffered an “extraordinarily sophisticated cyberattack” by the Russian government, said the company’s memorandum of law Friday (docket 1:23-cv-09518) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss the SEC’s amended securities fraud complaint.
NCTA is seeking to intervene in support of the FCC and against four petitions for review consolidated in the 8th U.S. Circuit Court of Appeals challenging the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act, said NCTA's unopposed motion Monday.
Seven petitioners moved the U.S. District Court for Southern New York in Manhattan for an order compelling X, formerly Twitter, to pay arbitral fees in accordance with the rules of JAMS in the absence of governing New York law mandating any other division of fees, said their notice of petition Thursday (docket 1:24-cv-02135) to compel Twitter and X to arbitrate with them in accordance with the terms of Twitter’s dispute resolution agreement (DRA).
The ABC, CBS, NBC and Fox affiliates associations seek leave to intervene in support of the four petitions for review consolidated in the 8th U.S. Circuit Court of Appeals that challenge the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act (see 2403050075), said their unopposed joint motion Friday.