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· 7/5/2007

Christopher Phelps & Associates, LLC v. Galloway

Citations

  • 492 F.3d 532
  • 83 U.S.P.Q. 2d (BNA) 1398
  • 2007 U.S. App. LEXIS 15953
  • 2007 WL 1933594

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a copyright owner’s registration of a derivative work also registered the elements of the owner’s original work that appeared in the derivative work
  • holding that trial court erred in instructing jury that scope of common owner’s copyright consisted only of the minimal difference between underlying and derivative designs
  • construing eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391, 126 S.Ct. 1837, 164 L.Ed.2d 641 (2006)
  • noting even if future damages could be determined, they would require “a substantial amount of speculation and guesswork.”
  • attributing irreparability to the intangible nature of the injury, and that calculating such injury at the merits stage would “entail a substantial amount of speculation and guesswork”
  • affirming the denial of an injunction against the future lease or sale of the defendant’s house, and remanding for reconsideration of the plaintiffs request for the return or destruction of the infringing architectural plans in light of the Supreme Court’s intervening decision in eBay

Source: CourtListener parenthetical corpus (CC0).

Judges: Niemeyer, Motz, Traxler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.