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· 12/23/2013

Diversey v. Schmidly

Citations

  • 738 F.3d 1196
  • 2013 WL 6727517

How courts have described this case

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

  • holding that three-year limitation period for copyright infringement claims begins to run when “the plaintiff knows or has reason to know of the infringement,” with claims for distinct infringements accruing separately
  • stating that a claim accrues when the copyright owner has knowledge of a violation or is chargeable with such knowledge
  • noting that all such reasonable inferences are resolved in the plaintiff’s favor
  • “A defendant may be vicariously liable even when he or she is not aware of the infringing activity.”
  • “[A] defendant can … be secondarily liable for another’s copyright infringement under principles of vicarious and contributory liability.”
  • “[A] defendant can also be secondarily liable for another’s copyright infringement under principles of vicarious and contributory liability.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Matheson, Porfilio, O'Brien

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.