No. 19-894

Michael Yamashita, et al. v. Scholastic Inc.

Lower Court: Second Circuit
Docketed: 2020-01-17
Status: Denied
Type: Paid
Tags: circuit-split copyright-infringement copyright-ownership feist-publication feist-publications pleading-standard prima-facie-case second-circuit seventh-circuit third-circuit unauthorized-copying
Key Terms:
Copyright
Latest Conference: 2020-04-17
Question Presented (from Petition)

Did the Second Circuit err in holding that a complaint for copyright infringement must be dismissed unless it alleges particular facts showing "1) which specific original works are the subject of the copyright claim, 2) that plaintiff owns the copyrights in those works, 3) that the copyrights have been registered in accordance with the statute, and 4) [as now required by the Second Circuit but not by the Third and Seventh Circuits] by what acts during what time the defendant infringed the copyright"?

Question Presented (AI Summary)

Did the Second Circuit err in holding that a complaint for copyright infringement must be dismissed unless it alleges particular facts showing specific-works,copyright-ownership,copyright-registration,unauthorized-copying

Docket Entries

2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-26
Reply of petitioners Michael Yamashita and Michael Yamashita Inc. filed.
2020-03-19
Brief of respondent Scholastic, Inc. in opposition filed.
2020-02-10
Motion to extend the time to file a response is granted and the time is extended to and including March 19, 2020.
2020-02-06
Motion to extend the time to file a response from February 18, 2020 to March 19, 2020, submitted to The Clerk.
2020-01-13
Petition for a writ of certiorari filed. (Response due February 18, 2020)

Attorneys

Michael Yamashita and Michael Yamashita Inc.
Maurice James HarmonHarmon Seidman & Bruss, LLC, Petitioner
Scholastic, Inc.
Edward Henry RosenthalFrankfurt Kurnit Klein & Selz, P.C., Respondent