John Doe A v. Penn State
First Penn State scandal lawsuit says Coach Jerry Sandusky sexually abused a boy more than 100 times and the abuse was enabled by the school's "negligent oversight."
Bradley v. Lohan
Former Betty Ford Center employee sues Lindsay Lohan for assault, alleging the actress threw a phone at her and yanked her wrist while refusing to be breathalzyed.
N.D. v. New York Post
Hotel maid allegedly raped by French politician sues the New York Post for falsely reporting that she is a prostitute who "routinely traded sex for money" with male guests.
Reinhart v. Mortenson
Two Montana residents allege the author of "Three Cups of Tea" "fabricated material about his activities and work in Pakistan and Afghanistan" to sell the book.
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• Roommate referral website does not discriminate by allowing users to list their preferences for roommate characteristics. "Holding that the [Fair Housing Act] applies inside a home or apartment ... would be a serious invasion of privacy, autonomy and security."
Fair Housing Council v. Roommate.com

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Helmburg v. Alpha Tau Omega

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Cherry v. Shaw Coastal

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Ryan v. Hughes-Ortiz

• Pennsylvania woman alleges her former employer discriminated against her because she wore a fake penis to assist her in her female-to-male transition. "Plaintiff's use of the prosthetic device was concealed and in no way interfered with the ability of Plaintiff to do her job." Davis v. J&J Snack Foods

• Son of a woman charged with murdering her husband cannot use the proceeds from the victim's life insurance policy to fund his mother's criminal defense. "[A]llowing the distribution of these proceeds to a third party who has clear intentions to transfer part of these proceeds to her, undermines the principles underlying the Slayer’s Act and federal common law."
In Re: Estate of Michael Burkland

• Seattle judge says an actress cannot proceed anonymously in her suit against the IMDb.com website for publishing her age. "[W]hile Plaintiff may face public ridicule and embarrassment if she elects to go forward under her real name, the injury she fears is not severe enough to justify permitting her to proceed anonymously."
Doe v. Amazon.com

• Family of an 11-year-old girl who was crushed by a boulder of ice says forest ranger negligence caused her death. Rangers "did not warn users of the risk of harm associated with the dangerous, unstable snow and ice" at the Big Four Ice Caves in Snohomish County, Wash. Tam v. U.S.

• 3rd Circuit dismisses a breach of data security case against a payroll-processing company. "Appellants' allegations of an increased risk of identity theft as a result of the security breach are hypothetical, future injuries."
Reilly v. Ceridian Corp.

• Oregon judge denies First Amendment protections to a blogger. "Defendant cites no cases indicating that a self-proclaimed 'investigative blogger' is considered 'media' for the purposes of applying a negligence standard in a defamation claim."
Obsidian Finance v. Cox

• A transsexual who was fired from her government job while she was in the process of becoming a woman wins her sex discrimination suit. "[A] government agent violates the Equal Protection Clause’s prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity."
Glenn v. Brumby

• New York man sues a Texas fertility clinic for wrongful insemination, alleging it failed to obtain his consent before using a sample of his sperm to impregnate his ex-girlfriend.
Pressil v. Advanced Fertility

• Nebraska judge rules that school officials may have illegally disciplined students for wearing t-shirts in honor of a slain friend suspected of gang membership. "[Q]uestions of fact remain whether Plaintiffs’ speech occurred in a context likely to provoke gang violence or other disruptions of school activities."
Kuhr v. Millard Public Sch. Dist.




Alltop_125x125.jpg







Hula Dancer's Pose Not Copyright Protected Print

 

"Makanani"

Excluding the pose of a Hawaiian hula dancer from the “protected elements” of a famous photograph, a federal judge has dealt a severe blow to the photographer's copyright infringement case against an Oahu art gallery.

Both the photo “Makanani” taken by Kim Taylor Reece and the stained glass piece “Nohe” by Marylee Colucci depict a traditional “hula kahiko” dancer on Oahu's Kailua beach performing an “`ike” motion with her right arm pointed skyward. Reece filed suit in September after learning that “Nohe” was on display at Island Treasures Art Gallery.

“[T]he stained glass artwork 'Nohe' is not a copy of the protected elements of Plaintiff’s photograph,” U.S. District Judge J. Michael Seabright said in ruling that Reece was unlikely to prevail on the merits of his case and denying him injunctive relief.

"Nohe"

The photographer wanted the court to order Island Treasures to stop displaying “Nohe,” arguing that “The infringing image is at least substantially similar to the original photograph, and in fact is virtually identical to the original.”

In a similar case, another federal judge in 1998 enjoined an operator of duty-free stores from using a logo that allegedly infringed on the “Makanani” copyright. The protected elements of the photo, Judge Helen Gillmor said, included the dancer's “position.”

But Seabright invoked the doctrine of “scenes a faire,” under which courts do not protect a copyrighted work from infringement if the way the particular idea is expressed necessarily flows from -– or is “naturally associated with” -- the idea itself.

“Hula movements have standard forms,” Seabright, citing the testimony of a hula expert, noted in his order, and

To the extent the dancers in the artworks are performing an `ike motion from the noho position, their similar features are indispensable, naturally associated with the motion, or at least standard.

Comparing the protected elements of the photo to “Nohe,” the judge went on to find “clear” differences in, among other things, the expression of the traditional hula dress and the dancer's hairstyle.

Reece intends to take the case to a jury, telling the Honolulu Advertiser, "A third-grader can see that they traced this thing.” But in reaching his decision, Seabright used a transparent black-and-white overlay of the “Makanani” model placed on top of a color copy of “Nohe.”

“On balance, the court cannot say that the works are substantially similar, much less that they are virtually identical,” he concluded.

Other Hula Case Sources

By Matthew Heller
12/25/06

 
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