The Copyright Act has a three year statute of limitations, however it is determined on a ‘rolling’ basis for normal copyright claims. The Court may consider acts that occurred up to three years prior to the date of filing the complaint. However, a dispute over copyright ownership between the parties occurs only once – suit must be brought within three years of the repudiation of plaintiff’s ownership.

seven arts copyright
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Maxim started as a men’s magazine and has become a ‘lifestyle’ brand. Defendant used MAXIM for anti-perspirant wipes for people with hyperhidrosis, a condition causing excessive sweating. Four years ago, defendant began selling scented wipes, and adopted a logo and packaging that, allegedly, is evocative of Maxim’s image. Maxim itself is moving into fragrance and cosmetic, and in the course of surveying the market, learned of defendant’s packaging. It brought a prelim.

Held: Under the heightened Salinger standard, Maxim failed to shop irreparable harm, or more, precisely, if there was irreparable harm, it occurred four years ago. Also, defendant’s target market, people who sweat a lot, was very small.

maxim v corad
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cloralexCLOROX-PROFESSIONAL-CLO02467

Cloralex brings DJ action regarding Clorox’ protests. Note use of graphics in paragraphs 27 to 32, to illustrate the ‘crowded field.’ Note paragraphs 39 to 61 to illustrate the length of the acquiescence.

cloratex v clorox dj
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