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Friday, November 2, 2012

$VRNG $GOOG Sua sponte ruling in Lego case

$VRNG $GOOG Sua sponte ruling in Lego case

In his resulting 50-page order, Senior Judge Charles S. Haight first considered whether “the equitable doctrine of laches appl[ies] at all to an action for copyright infringement.” Id. at 16-17. Relying on the 1910 case of West Publishing Co. v. Edward Thompson Co., 176 F. 833 (2d Cir. 1910), and the more recent decision in New Era Publications International v. Henry Holt & Co., 873 F.2d 576 (2d Cir. 1989), the court concluded that “[w]here a plaintiff’s copyrighted work has been infringed by a defendant, the equitable doctrine of laches may, depending on the circumstances of the case, bar the plaintiff from the equitable relief of enjoining the infringement, but may also leave intact the plaintiff’s right to recover at law money damages caused by the infringement.” Id. at 20-21.

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