- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
- Paralegals
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
September 28, 2023Robins Kaplan Ranks in Top 10% For Pro Bono By Law360
-
September 25, 2023Jake Holdreith Admitted to American College of Trial Lawyers
-
September 22, 2023Robins Kaplan Attorneys Named 2023 New York Super Lawyers and Rising Stars
-
October 4, 2023Lying, Cheating, and Stealing Seminar 2023
-
October 27, 2023LGBTQ Legal Services: Transgender Name Change Clinic
-
October 26-27, 2023MAJ 2023 New Lawyer Bootcamp
-
September 2023Evenstad Family Trial Aftermath: Rule 408 May Not Be Used as a Sword and Shield
-
September 2023Meet Our Keynote Speaker: Journalist and New York Times Contributor Katie Engelhart
-
September 2023Walking the Razor’s Edge: Client Capacity and the Attorney-Client Relationship
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
Federal Judge Dismisses Copyright Claims Against Firm's Clients in Companion Cases
July 31, 2008
Robins, Kaplan, Miller and Ciresi L.L.P. recently obtained the dismissal of copyright and related claims asserted against its clients, Best Buy and AMC in two companion cases pending before the Northern District of California. Identity Arts v. Best Buy; Gee Jeffery & Partners v. AMC, Best Buy & Sprint. The court also awarded Best Buy fees and costs in the amount of $108,245 in the Identity Arts matter.
The cases arise from Best Buy's production of cell phone courtesy messages displayed in movie theatres across the United States as part of Best Buy's "Silence is Golden" campaign. Best Buy's courtesy messages were based on the concept of a faux movie trailer where a ringing cell phone interrupts the dramatic high point of the trailer and the audience is then asked to turn off their cell phones before the movie starts. The claimants in each of the two companion cases alleged that Best Buy's faux movie trailers infringed on their copyright over other cell phone courtesy messages styled as faux movie trailers.
After analyzing the copyrighted and accused works, a California federal court held that Best Buy's spots did not infringe because, although the works shared a similar concept (faux movie trailers interrupted by a ringing cell phone), the actual expressive elements of the works were not substantially similar since they used different plots, themes, moods, settings, characters, and sequences of events. The court's decision was premised on the notion that copyright does not protect ideas or concepts, but only the specific expression of ideas. The court also dismissed various pendent state law claims as preempted by the Copyright Act.
Related Professionals
Elliot S. Kaplan
Chair Emeritus
David Martinez
Partner
Member of the Executive Board;
Member of the Firm's Diversity Committee;
Pro Bono Chair, Los Angeles Office
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.