Selected DMCA cases we have litigated:
Merideth v. The Associated Press, et al., 2014 WL 87518 (N.D. Ill. Jan. 9, 2014). District Court denied the Rule 12(b)(6) motion of one of the media defendants to dismiss Plaintiff’s claim under Section 1202(a) of the Digital Millennium Copyright Act. Court was satisfied that various captioning techniques that defendant added to online video montage of well-known novelist, could constitute false attribution of authorship in the visual imagery.
Defined Space v. Lakeshore East, et al., 797 F.Supp.2d 896 (N.D. Ill. 2011). District Court denied defendants’ Rule 12(e) motion for more definite statement, paving way for Copyright infringement and Digital MillenniumCopyright Act violation claims to proceed to discovery; Court also denied Rule 12(b)(6)motion based on Dastar challenge to dismiss Lanham Act claim, citing analysis in Cable as persuasive on issue of whether fact scenario fits within U.S. Supreme Court’s enunciated exception there.
Cable v. Agence France Presse, et al., 728 F.Supp.2d 977 (N.D.Ill. 2010). District Court denied defendant’s 12(b)(6) motion to dismiss, ruling plaintiff’s Digital Millennium Copyright Act claim as alleged to be viable; further, Lanham Act and related state law claims as alleged survive Dastar challenge at the pleadings stage.