"Copyright" tagged Cases and Lawsuits

CaseCase FiledLast Document
Cambridge University Press et al v. Patton et alApril 15, 2008May 16, 2008
Publisher lawsuit against public university that makes electronic copies of course readings available to students without paying royalty fees.
Apple Corps Limited et al v. Fuego Entertainment, Inc. et alMarch 21, 2008May 16, 2008
Plaintiff Apple Corps Limited and Apple Records, Inc. alleges that defendants have attempted to release unauthorized bootleg recordings of musical performances of The Beatles from Hamburg Germany's Star-Club in 1962.
Marketing Info v. Board of Trustees, et alAugust 18, 2006May 16, 2008
Read more at the Stanford Copyright and Fair Use, Fairly Used blog.
The Football Association Premier League Limited et al v. Youtube, Inc. et alMay 4, 2007May 15, 2008
Plaintiff filed a class action law suit against YouTube and Google for allowing users to upload and distribute media that infringed on plaintiff's copyrights.
Reinhardt v. Wal-mart Stores, Inc. et alSeptember 21, 2007May 12, 2008
Plaintiff Richard Reinhardt (p/k/a Richie Ramone) alleges that Defendants Wal-Mart Stores, Inc., Apple, Inc., RealNetworks, Inc., Taco Tunes, Inc., Ramones Productions, Inc., Estate of John Cummings, Herzog & Strauss and Ira Herzog infringed on Plaintiff's copyright to six songs he authored while a member of The Ramones. Plaintiff alleges that he never licensed or authorized the use of his compositions in any digital formats.
Aguiar v. Webb et alSeptember 7, 2007May 12, 2008
Copyright and trademark infringement claims against documentary maker's promotional website and film trailer.
Warner Bros. Entertainment Inc. et al v. RDR Books et alOctober 31, 2007May 10, 2008
Copyright, trademark and other claims against publisher of Harry Potter Lexicon, an unauthorized compendium of Harry Potter facts, plots, etc.
Vargas et al v. Pfizer Inc. et alDecember 13, 2004May 5, 2008
Ticketmaster LLC v. RMG Technologies Inc et alApril 17, 2007May 2, 2008
Plaintiff Ticketmaster LLC alleges that Defendant RMG Technologies Inc. has developed and marketed automated devices (i.e. Ticket Broker Acquisition Tool) to access and navigate through Ticketmaster's website, thereby infringing Ticketmaster's copyrights and violating the website's Terms of Use and a number of federal and state statutes. Plaintiff contends that Defendant's applications circumvent Plaintiff's access control and copy protection systems, including CAPTCHA, inundate Plaintiff's computers with thousands of automated requests thereby preventing ordinary customers from accessing the website, and enable Defendant's clients to purchase large quantities of tickets.
Corbis Corporation vs. Arnold Moving Company, LLCAugust 1, 2007April 30, 2008
Plaintiff licenses digital images to publishers, advertisers, design agencies, filmmakers and other creative professionals. Plaintiff alleges that WebTamers Web Promotion redesigned the website of Defendant Sterling International. In the course of the redesign, Defendant or its agents downloaded Corbis images and uploaded them to Defendant's website without authorization and without paying for them.
Atlantic Recording Corporation et al v. Project Playlist, IncApril 28, 2008April 29, 2008
Plaintiffs Atlantic Recording Corporation, Capitol Records, LLC, Elektra Entertainment Group Inc., Interscope Records, Motown Record Company, L.P., Priority Records LLC, UMG Recordings, Inc., Virgin Records America, Inc., and Warner Bros. Records Inc. allege that Defendant Project Playlist, Inc. performs and reproduces Plaintiffs' valuable works without any authorization and without paying any compensation to Plaintiffs.
WAKA LLC v. DCKICKBALL et alMay 30, 2006April 15, 2008
Perfect 10, Inc v. Microsoft, Inc et alAugust 8, 2007March 25, 2008
Adult publisher alleges that Microsoft's MSN search engine makes thumbnail images available in search results that infringe publisher's copyrights. Related suits against Google and Amazon for similar claims.
Viacom International, Inc. et al v. Youtube, Inc. et alMarch 13, 2007March 10, 2008
David Grisman et al v. UMG Recordings Inc et alMay 3, 2007February 8, 2008
Plaintiff David Grisman d/b/a Dawg Music and Rodney Franklin d/b/a Maicaboom Music allege that Defendant Warner Music Group Corp., Rhino Entertainment Company, Ryko Corporation, Instinct Records, Apple Computer, Inc., Microsoft Corporation, AOL Music Now, LLC, Yahoo!, Inc., RealNetworks Digital Music of California, Inc. infringed on Plaintiff's copyrighted work "The Groove."
Doe v. Geller et alMay 8, 2007February 4, 2008
Plaintiff uploaded to YouTube a portion of "Secrets of the Psychics," a NOVA video showing the magician James Randi challenging the performance techniques of Uri Geller. Subsequently, the defendants demanded that YouTube take down the video pursuant to the DMCA. Plaintiff seeks injunctive relief and damages for misrepresentation of copyright claims under the Digital Millennium Copyright Act.
Freeplay Music Corp v. X-Cast Entertainment LLC et alJuly 25, 2007January 31, 2008
The Author's Guild et al v. Google Inc.September 20, 2005January 30, 2008
Plaintiffs The Author's Guide. Herbert Mitgang, Betty Miles and Daniel Hoffman sued Google Inc. for reproducing a digital copy of plaintiffs' works without the copyright holders' permission and in violation of the authors' rights under the copyright laws.
Louden v. Yahoo!, Inc.October 1, 2007January 4, 2008
Visual Artists Rights Act (VARA) claim by artist who claims her artwork "Reflecting Tips, 2001" was desecrated when grounds crew used weed whackers on the lawn the art was situated on.
UMG Recordings, Inc. et al v. Veoh Networks, Inc. et alSeptember 4, 2007December 20, 2007
Shloss v. Sweeney et alJune 12, 2006December 5, 2007
Complaint for a declaratory judgment and injunction. Stanford author of biography of James Joyce's daughter in which the publisher redacted large amounts due to threats of lawsuit by Joyce estate. Author wanted to put supporting material on website. Raises issue of fsir use applied to scholarly...
Recorded Books, LLC v. OCLC Online Computer Library Center, Inc.May 31, 2007November 30, 2007
Breach of contract, copyright, Lanham Act claims against OCLC/NetLibrary
Freeplay Music Corp v. Exquisite Multimedia Inc et alJuly 25, 2007November 26, 2007
AMCO Insurance Company v. Lauren Spencer, Inc. et alJune 14, 2006November 21, 2007
Plaintiff AMCO Insurance Company filed a claim for declaratory relief seeking a determination on Plaintiff's obligations under a commercial general liability policy to cover claims asserted by George Harris against Defendant Lauren Spencer, Inc. for copyright infringement of ornamental jewelry designs.
Eros, LLC v. DoeJuly 3, 2007November 16, 2007
Plaintiff Eros, LLC, a maker and seller of virtual adult-themed objects within the Second Life platform, sued defendants and alleged that they have made and sold unauthorized copies of plaintiff's virtual products within Second Life using plaintiff's trademark.
Veoh Networks, Inc. v. UMG Recordings, Inc. et alAugust 9, 2007November 15, 2007
Plaintiff Veoh Networks, Inc. is a video hosting service that provides a mechanism for third parties to share video on the Internet. Plaintiff seeks a declaratory judgment that (1) it has no liability to defendants for the unsolicited posting of content on the Veoh website; (2) it is not liable for direct, contributory or vicarious infringement of defendants' copyrights; (3) it is not liable for inducing the infringement of any of defendants' copyrights; (4) defendants are not entitled to any injunctions against plaintiff; and (5) it is entitled to safe harbor pursuant to 17 USC § 512(c).
Virgin Records America, Inc v. ThomasApril 19, 2006November 8, 2007
Jury verdict in favor of RIAA - $222,000 judgment against Minnesota woman for making music files available via Kazaa, despite her denials of doing so.
IO Group, Inc. v. GonzalesSeptember 28, 2007November 6, 2007
Plaintiff IO Group, Inc. d/b/a Titan Media alleged that defendant Gilbert Michael Gonzales reproduced, distributed and publicly displayed certain Titan Media-owned photographs and audiovisual works on various blogs.
Nota Music Publishing, Inc. et al v. Sirius Satellite Radio, Inc.July 13, 2007October 29, 2007
Plaintiffs alleged that defendant Sirius Satellite Radio, Inc. unlawfully distributed or reproduced plaintiffs' copyrighted works when it sold special devices marketed as Sirius Satellite Radio players (i.e., Sirius S50, Stiletto SL100 and Stiletto S10) which allowed subscribers to record and retain perfect digital copies of plaintiffs' protected works, as well as store them for unlimited replay as long as they remained active Sirius subscribers.
George Edward McCain v. Associated Press TheAugust 31, 2007October 23, 2007
FragranceNet.com, Inc. v. FragranceX.com Inc.May 12, 2006October 23, 2007
Plaintiff FragranceNet.com, Inc. alleges that defendant FragranceX.com Inc. took, misappropriated and copied more than 800 photographs from plaintiff's website without permission or compensation for use on a competing online retail store.
Bourne Co. v. Twentieth Century Fox Film Corporation et alOctober 3, 2007October 19, 2007
Plaintiff Bourne Co. alleged that defendants infringed plaintiff's copyright interests in the song "When You Wish Upon a Star." Defendants allegedly created an episode of "The Family Guy" titled "When You Wish Upon a Weinstein" that included a song "I Need a Jew." The song coupled anti-Semitic lyrics with plaintiff's song.
Word Music, LLC et al v. Priddis Music, Inc. et alMay 8, 2007October 11, 2007
Plaintiffs own or administer copyrights to original musical compositions. They alleged that defendants have infringed on plaintiffs' copyrights by producing, distributing, advertising and placing upon the market karaoke products which contain unauthorized recordings of the songs and graphic display of the lyrics.
Andersen et al v. Monsoon Multimedia, Inc.September 19, 2007October 10, 2007
Pravda Studios, LLC v. Corbis Corporation et alSeptember 6, 2007October 10, 2007
Plaintiff Pravda Studios, LLC alleged that defendants Corbis Corporation and Corbis Motion engaged in copyright infringement by copying , displaying and distributing plaintiff's live action, motion picture, film footage entitled PRAVDA B-STOCK: SPAIN. Plaintiff also alleged that defendant negligently lost, misplaced, destroyed or improperly converted plaintiff's work.
Pape v. Electronic Arts, Inc. et alJune 18, 2007October 10, 2007
Plaintiff Christopher Pape alleged that defendants Electronic Arts, Inc. and Inetvideo.com infringed on plaintiff's copyright in a painting entitled "Freedom" by including it in the electronic video game called Freedom Fighters.
segOne, Inc. v. Fox Broadcasting CompanyJune 12, 2007October 9, 2007
Plaintiff segOne, Inc. seeks a declaration that use of the segOne device, in conjunction with Fox programming, does not infringe Defendant Fox Broadcasting Company's copyrights.
Tavory v. NTP, Inc.September 20, 2006October 9, 2007
Plaintiff Oren Tavory sued defendant NTP, Inc., seeking to be joined as an inventor to six patents owned by NTP, as well as damages for copyright infringement and unjust enrichment.
Pearson Education, Inc. et al v. Knyane et alSeptember 21, 2007September 27, 2007
Plaintiffs Pearson Education, Inc., John Wiley & Sons, Inc. Cengage Learning, Inc. and The McGraw-Hill Companies, Inc. alleged that defendants infringed on plaintiffs' copyrights and trademarks through their sales of electronic copies of instructors' solutions manuals.
Mediostream Inc. v. Priddis Music Inc. et alApril 17, 2007September 25, 2007
Plaintiff Mediostream, Inc. alleged that it had entered into an agreement with defendant Priddis Music, Inc. under which defendant purported to grant plaintiff a non-exclusive right to encode, host, integrate and make available tracks for plaintiff's online karaoke business. Plaintiff further alleged that defendant Warner/Chappell Music, Inc. subsequently contacted plaintiff, asserted that plaintiff had infringed upon its copyrights, and indicated that defendant Priddis Music had no rights to transfer to plaintiff.
MCS Music America, Inc. et al v. Farner et alApril 6, 2007September 21, 2007
Ritchie v. GanoAugust 15, 2007September 20, 2007
Plaintiff Brian Ritchie d/b/a Violent Femmes seeks a declaratory judgment that plaintiff is a joint-author of the certain Violent Femmes musical compositions and recordings, and is the sole and exclusive owner of the VIOLENT FEMMES trademark.
IO Group, Inc. v. Veoh Networks, Inc.June 23, 2006September 18, 2007
THE SCO GROUP, INC. v. AUTOZONE, INC.March 3, 2004September 17, 2007
SCO Grp v. Novell IncFebruary 6, 2004September 14, 2007
Siddharth Kara v. Lions Gate Entertainment Inc et alFebruary 5, 2007September 13, 2007
Academy of Motion Picture Arts and Sciences v. Chocolate Perfection, Inc. et alJuly 31, 2007September 11, 2007
Blackwell Publishing, Incorporated et al v. MillerJune 28, 2007August 31, 2007
Plaintiffs allege that defendant Norman Miller d/b/a Excel Test Preparation operates a copy shop near the University of Michigan that allows students to reproduce their own coursepack, which includes journals articles and excerpts from books. Plaintiffs further allege that defendant does not arrange for permission to copy the materials in the coursepacks from the Copyright Clearance Center, INc.
North American Karaoke-Works Trade Association, Inc. v. Entral Group International, LLCJuly 6, 2006August 27, 2007
MCCLATCHEY v. ASSOCIATED PRESSFebruary 24, 2005August 17, 2007
Plaintiff Valencia McClatchey alleged that defendant the Associated Press (AP) over the AP's unauthorized use of her copyright End of Serenity photograph.
Perfect 10 Inc v. Google Inc et alNovember 19, 2004July 31, 2007
Plaintiff Perfect 10 sued defendant Google Inc. for displaying thumbnails of photographs copyrighted by the plaintiff. Consolidated with Perfect 10 Inc. v. Amazon.com Inc. et al. Additional Resources Ninth Circuit Opinion in Perfect 10 v. Google and Amazon.
Counter Terrorist Group US et al v. Associated Press et alJuly 9, 2007July 30, 2007
Perfect 10 Inc v. Amazon.com Inc et alJune 29, 2005July 25, 2007
Plaintiff Perfect 10 sued defendant Amazon.com Inc. for displaying thumbnails of photographs copyrighted by the plaintiff. Consolidated with Perfect 10 Inc. v. Google Inc. et al.
MY FIRST BIKE PRODUCTIONS, INC. v. MYSPACE, INC. et alApril 13, 2007July 23, 2007
Cal IV Entertainment, LLC v. Youtube, Inc. et alJune 7, 2007July 10, 2007
Plaintiff, a music publishing company, alleges that Defendants infringed its copyrights by allowing users to upload videos containing plaintiff's copyrighted works and providing access to certain content filtering technologies only to existing business partners.
Columbia Pictures Industries Inc v. BunnellFebruary 23, 2006July 3, 2007
Plaintiffs filed a complaint against defendants for copyright infringement. Plaintiffs allege that defendants knowingly enable, encourage, induce and profit from massive online piracy of plaintiffs\' copyright works through the operation of their TorrentSpy website.
Entral Group International, LLC v. Legend Cafe & Karaoke, Inc. et alMay 11, 2005June 27, 2007
Freeplay Music Corp. v. Haas Outdoors, Inc. et alSeptember 21, 2006June 22, 2007
Internet Archive v. ShellAugust 31, 2006May 29, 2007
Copyright infringement claim
Grisman et al v. YouTube, Inc. et alMay 10, 2007May 25, 2007
Plaintiffs, owners of Dawg Music, allege that Defendants infringed on plaintiff's protected works and refused to deter infringing activities.
NEW JERSEY TURNPIKE AUTHORITY v. YOUTUBE, INC. et alMay 22, 2007May 24, 2007
Plaintiff New Jersey Turnpike Authority captured a car accident on video that occurred at the Great Egg Harbor toll plaza in Somers Point, New Jersey. Plaintiff asserts that the video is the copyright property of the NJTA and has filed an application with the US Copyright Office to obtain federally registered copyrights for the accident video. This video was subsequently uploaded to YouTube.com, LiveLeak.com and Break.com.
Stainbrook v. Lions Gate Entertainment et alDecember 1, 2006May 23, 2007
Plaintiff Jon Stainbrook alleges that Defendants Lions Gate Entertainment and Palm Pictures used the song FLASHING REDS in the film STOKED without permission.
HAROLD C. " HAL" TURNER v. 4CHAN.ORG et alJanuary 19, 2007May 1, 2007
Electronic Arts Inc. et al v. Giant Productions et alMay 24, 2006April 18, 2007
Plaintiffs Electronic Arts Inc. and Electronic Arts Music Publishing, Inc. asked that Giant Productions, Najib Marc Reghay and Alexandra Berthet indemnify and hold plaintiffs harmless against the claims asserted by defendants in a French suit. Plaintiffs alleged that they licensed defendant's composition entitled "A Necessidade" for inclusion in the FIFA 2005 video game. Defendants later challenged plaintiff's right to use the composition before the Paris Court of First Instance.
Fulbright & Jaworski L.L.P. v. Earthlink Legal DepartmentApril 12, 2007April 17, 2007
Fulbright & Jaworski LLP issued a subpoena seeking the identity of the individual or individuals who posted copyrighted questions from the July 2006 Multistate Bar Examination on www.tabandbrandy.blogspot.com.
AGENCE FRANCE PRESSE v. GOOGLE INC.March 17, 2005April 6, 2007
Plaintiff alleges that Google's aggregation of AFP's photographs, headlines and story leads in Google News infringes on Plaintiff's copyrights.
Shloss v. JoyceJanuary 25, 2007March 29, 2007
IN RE: YouTube, Inc.March 20, 2007March 20, 2007
Lucia Eams sought a subpoena to discover the identity of the person who had uploaded unauthorized copies of works to YouTube that infringed her copyrights.
Johnson v. Lions Gate Entertainment Corp. et alAugust 3, 2006December 19, 2006
Plaintiff Theodore Johnson alleged that Defendants Lions Gate Entertainment Corp. and Black Entertainment Television, Inc. infringed on Plaintiff's copyright to the artwork BLACK ANGEL by displaying and distributing it to the public in scenes of a motion picture entitled CAUGHT UP.
The McGraw-Hill Companies, Inc. et al v. Google Inc.October 19, 2005November 22, 2006
Plaintiffs allege that the Google Library Project infringes on plaintiffs' copyrights by copying copyright-protected works and allowing the public to search and access digital copies of plaintiffs' works.
Freeplay Music Corp v. Vivid Entertainment Group et alJune 5, 2006August 17, 2006
AUSTRALIAN GOLD, INC. v. HALLJanuary 17, 2006July 26, 2006
Plaintiff Australian Gold, Inc. alleged that defendant sells Australian Gold, Caribbean Gold and Swedish Beauty tanning lotions and other tanning related products on eBay using Australian Gold's intellectual property, including its copyrights and trademarks. Plaintiff also alleged that defendant's conduct has damaged plaintiff's distribution system and the reputation and goodwill of the products and the company.
Square Enix Company Ltd v. Xanga.com Inc et alJanuary 18, 2006July 19, 2006
Internet Archive v. ShellJanuary 20, 2006May 17, 2006
Blake A. Field VS Google, Inc.,April 6, 2004February 22, 2006
Plaintiff Blake A. Field sued defendant Google, Inc. for copyright infringement. Plaintiff posted his copyrighted works on his website and completed an online form to request that Google index his website. Plaintiff now asserts that allowing users to view Google's cache of his copyrighted works infringes on his copyrights.
Google, Inc. v. Affinity Engines, Inc.February 9, 2005January 20, 2006
Plaintiff Google Inc. alleges that defendant Affinity Engines Inc. infringed on plaintiff's copyrights by using software code owned by Google that implements social networking functionalities and was written by Orkut Buyukkokten, a Google employee.
Perfect 10 Inc v. Arlo GilbertNovember 3, 2004October 17, 2005
Plaintiff Perfect 10, Inc. alleges that Defendant Arlo Gilbert copied Plaintiff's copyrighted works and offered them for sale on his websites without authorization.
Five Navy Seals, et al v. Associated Press, et alMarch 21, 2005September 1, 2005
Plaintiffs allege that defendant Seth Hettena, a reporter for defendant Associated Press, took photographs from plaintiff's personal digital photo album at smugmug.com without permission. Plaintiffs further allege that defendants published some of these photos, which depicted five Navy SEALs, without concealing the identities of the servicemen.
EMI April Music, Inc. et al v. Electronic Arts, Inc.April 21, 2004June 30, 2005
Plaintiffs EMI April Music Inc., EMI Blackwood Music Inc., EMI Unart Catalog Inc. and EMI Virgin Songs, Inc. alleged that defendant Electronic Arts Inc. infringed on plaintiffs' rights in numerous musical compositions by incorporating them in EA Madden 2004, EA NHL 2004, EA NASCAR Thunder 2004, EA Tiger Woods PGA Tour 2004, EA NBA Live 2004, EA MVP Baseball 2004 and EA Fight Night 2004.
Kahle et al v. AshcroftMarch 22, 2004November 30, 2004
Plaintiffs seek declaratory judgment that the Berne Convention Implementation Act is unconstitutional under the Free Speech Clause of the First Amendment and that the BCIA and Copyright Term Extension Act together create an "effectively perpetual" term with respect to works first published after January 1, 1964 and before January 1, 1978, in violation of the Constitution's Progress Clause. Plaintiffs also seek preliminary and permanent injunctive relief against the criminal enforcement of § 2(b) of the No Electronic Theft Act of 1977.
Koprowski v. Google IncOctober 14, 2003January 5, 2004
Plaintiff Gene Koprowski sought a subpoena to determine the identity of the person who authored a blog post. Plaintiff alleged that the blog published an article that was copyrighted by him and infringed on his trademark.
Bouchat v. Baltimore Ravens Limited Partnership et alFebruary 14, 2008 
Ron Goldman v. The Pirate Bay et alNovember 29, 2007 
Plaintiff Ron Goldman LLC sued Defendant The Pirate Bay for illegally distributing unauthorized electronic copies of O.J. Simpson's IF I DID IT manuscript.
Barry Rosen v. eBay, Inc. et alNovember 16, 2007 
Zomba Recording LLC v. Mario Aramando Lavandeira et alOctober 11, 2007 
Marvel Enterprise, Inc. v. Naki International et alAugust 6, 2007 
Plaintiffs Marvel Enterprises, Inc. and Marvel Characters, Inc. alleged that Defendants Naki International and Naki World, Inc. breached licensing agreements and a settlement agreement with Plaintiffs, as well as infringed on Plaintiff's copyright and trademark.
NBC Universal, Inc. v. Guthy-Renker Corporation et alAugust 3, 2007 
Gary Friedrich Enterprises, LLC. et al v. Marvel Enterprises, Inc. et alMarch 30, 2007 
Plaintiff Gary Friedrich alleges that the Marvel companies and a group of major entertainment industry players have joined together to take the plaintiff's Johnny Blaze/Ghost Rider characters and origin story from him without authorization or compensation.
A.V. et al v. iParadigms, LLCMarch 27, 2007 
Shloss v. JoyceJanuary 25, 2007 
Mophonics Inc v. Mantra Films IncJanuary 12, 2006 
In Re Subpoena to Sago Networks Online Service Provider Pursuant to 17 U.S.C. 512(h) (Digital Millenium Copyright Act)December 12, 2006 
iParadigms, LLC. v. McLean Committee for Student RightsDecember 6, 2006 
UMG Recordings Inc v. MySpace IncNovember 17, 2006 
Tur v. YouTube IncJuly 14, 2006 
Tur v. YouTube SJ Motions Denied. Technology & Marketing Law Blog.
Paramount Pictures Corporation v. YouTube, Inc.May 4, 2006 
Eight Mile Style, L. L. C. et al v. Phattones Media Productions, IncorporatedFebruary 24, 2006 
Plaintiff Eight Mile Style, LLC and Martin Affiliated, LLC alleged that defendant Phattones Media Productions, Inc. sold ring tones through their website www.phattone.com that exploited musical compositions by Eminem and D12 without their permission.
Waka, LLC v. DCKickball et alFebruary 15, 2006 
Marvel Enterprises Inc et al v. Revolution Studios Development Company LLC et alJune 20, 2005 
Lucasfilm Ltd v. Shepperton Design Studios Limited et alMay 6, 2005 
UMG Recordings, Inc. et al v. LindorFebruary 28, 2005 
BARTLETT v. GOOGLE, INC, et alDecember 7, 2004 
Joanne Siegel et al v. Time Warner Inc et alOctober 22, 2004 
Joanne Siegel et al v. Warner Bros Entertainment Inc et alOctober 8, 2004 
Static Control Components, Inc. v. Lexmark International, Inc.February 24, 2004