Fairey et al v. The Associated Press

Claim that iconic Obama poster infringes on AP photo copyright http://cyberlaw.stanford.edu/node/6061
Plaintiffs:Shepard Fairey and Obey Giant Art, Inc
Defendants:The Associated Press
 
Case Number:1:2009cv01123
Filed:February 9, 2009
 
Court:New York Southern District Court
Office:Copyright Office [ Court Info ]
County:XX Out of State
Presiding Judge:Judge Alvin K. Hellerstein
 
Nature of Suit:Intellectual Property - Copyrights
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:17:101 Copyright Infringement

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
February 9, 20091COMPLAINT against The Associated Press. (Filing Fee $ 350.00, Receipt Number 677352)Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz)
February 9, 20092RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz)
February 9, 20093MOTION for Anthony T. Falzone to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle)
February 18, 20094Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 3 Motion for Anthony T. Falzone to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 2/18/09) (mme)
February 19, 20095REQUEST FOR WAIVER OF SERVICE sent to Larry Brando as Registered Agent of The Associated Press. Document filed by Shepard Fairey, Obey Giant Art, Inc. Request for Waiver Mailed on 2/9/2009. Waiver of Service due by 3/9/2009. (Ahrens, Julie)
March 4, 20096WAIVER OF SERVICE AND STIPULATION: Pursuant to F.R.C.P. 4(d), Defendant hereby waives service of the Summons and Complaint. Defendant shall files its response to the Complaint on or before 3/4/09. (Signed by Judge Alvin K. Hellerstein on 3/3/09) (tro)
March 3, 20097MOTION for Joseph C. Gratz to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle)
March 3, 20098MOTION for Michael Page to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle)
March 3, 20099MOTION for Mark A. Lemley to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle)
March 11, 200910NOTICE OF CHANGE OF ADDRESS by Dale Margaret Cendali on behalf of The Associated Press. New Address: Kirkland & Ellis LLP, 153 East 53rd Street, New York, New York, USA 10022, 212.446-4800. (Cendali, Dale)
March 11, 200911NOTICE OF APPEARANCE by Dale Margaret Cendali on behalf of The Associated Press (Cendali, Dale)
March 11, 200912RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Associated Press.(Cendali, Dale)
March 11, 200913ANSWER to Complaint., COUNTERCLAIM against Obey Giant LLC, Studio Number One, Inc., Shepard Fairey, Obey Giant Art, Inc. Document filed by The Associated Press.(Cendali, Dale)
March 12, 200914Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 9 Motion for Mark A. Lemley to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db)
March 12, 200915Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 7 Motion for Joseph C. Gratz to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db)
March 12, 200916Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 8 Motion for Michael Page to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db)
April 8, 200917AFFIDAVIT OF SERVICE of 1) Third-Party Summons in a Civil Action, 2) Defendant and Third-Party Plaintiff's Answer and Counterclaims, 3) Individual Practice Rules of Judge Hellerstein and 4) the Standing Orders of Magistrate Eaton served on Obey Giant LLC on 3/31/09. Service was made by Federal Express. Document filed by The Associated Press. (Cendali, Dale)
April 8, 200918AFFIDAVIT OF SERVICE of 1) Third-Party Summons in a Civil Action, 2) Defendant and Third-Party Plaintiff's Answer and Counterclaims, 3) Individual Practice Rules of Judge Hellerstein and 4) the Standing Orders of Magistrate Eaton served on Studio Number One, Inc. on 3/31/09. Service was made by Federal Express. Document filed by The Associated Press. (Cendali, Dale)
April 14, 200919STIPULATION EXTENDING TIME: The time for Counterclaim Defendants to move, answer or otherwise respond to the counterclaim complaint in this action shall be extended to and including 4/14/09. (Signed by Judge Sidney H. Stein for Judge Alvin K. Hellerstein on 4/14/09) (tro)
April 14, 200920RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Obey Giant LLC, Studio Number One, Inc..(Falzone, Anthony)
April 14, 200921ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.. (Attachments: # 1 Exhibit A)(Falzone, Anthony)
April 15, 200922NOTICE OF APPEARANCE by Claudia Elizabeth Ray on behalf of The Associated Press (Ray, Claudia)
April 15, 200923NOTICE OF APPEARANCE by Brendan Thomas Kehoe on behalf of The Associated Press (Kehoe, Brendan)
April 28, 200924ENDORSED LETTER addressed to Alvin K. Hellerstein from Claudia Ray dated April 27, 2009, re: We represent defendant and counterclaim plaintiff The Associated Press in the above-referenced litigation. We understand that an initial court conference has been scheduled for Friday, May 15, 2009 at 9:45 am. Unfortunately, we have a preexisting conflict at that time ENDORSEMENT: Conf. adjourned to 5/22/2009, 9:30 am. ( Initial Conference set for 5/22/2009 at 09:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/27/2009) (rw)
May 29, 200925Court Opinion or Order CASE MANAGEMENT ORDER: Amended Pleadings due by 8/21/2009. Fact Discovery due by 8/14/2009. Joinder of Parties due by 8/21/2009. ENDORSEMENT: Next status conf. 9/11/2009 10:00 am, to discuss all following stages. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/22/2009) (tve)
June 24, 200926Court Opinion or Order STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Alvin K. Hellerstein on 6/23/2009) (tve)
July 9, 200927QUARTERLY MOTION to Intervene Notice of Motion. Document filed by Mannie Garcia.(Carpinello, George)
July 9, 200928MEMORANDUM OF LAW in Support re: 27 QUARTERLY MOTION to Intervene Notice of Motion.. Document filed by Mannie Garcia. (Carpinello, George)
July 9, 200929DECLARATION of George F. Carpinello in Support re: 27 QUARTERLY MOTION to Intervene Notice of Motion.. Document filed by Mannie Garcia. (Attachments: # 1 Exhibit A to Carpinello Declaration)(Carpinello, George)
July 9, 200930CERTIFICATE OF SERVICE. Service was made by Mail and E-mail. Document filed by Mannie Garcia. (Carpinello, George)
July 22, 200931ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Dale M. Cendali and Anthony T. Falzone dated 7/22/09 re: The parties in this matter write jointly to inform Your Honor that they do not oppose Mannie Garcia's motion to intervene in this action, which was filed on 7/8/09. Counsel do respectfully ask the Court to give the parties until Friday, 8/14/09 to respond to Mr. Garcia's pleading. ENDORSEMENT: So ordered. The conf. of Sep. 11, 2009 is adjourned to Nov. 20, 2009, 10:00 a.m. (Signed by Judge Alvin K. Hellerstein on 7/22/09) (tro)
July 22, 200932MEMO ENDORSEMENT granting 27 Motion to Intervene. ENDORSEMENT: Motion to Intervene is granted, w/out opp'n. (Signed by Judge Alvin K. Hellerstein on 7/22/09) (tro)
July 23, 200933ANSWER to Complaint., CROSSCLAIM against The Associated Press., COUNTERCLAIM against all plaintiffs. Document filed by Mannie Garcia.(Carpinello, George)
August 14, 200934Court Opinion or Order STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 8/14/2009) (jfe)
August 14, 200935ANSWER to Counterclaim., COUNTERCLAIM against Mannie Garcia. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph)
August 14, 200936ANSWER to Complaint., CROSSCLAIM against Mannie Garcia. Document filed by The Associated Press.(Cendali, Dale)
August 24, 200937ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Claudia Ray dated 8/21/09 re: counsel for defendant requests that the Court extend the deadline to amend or join parties to 10/30/09. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/24/09) (dle)
August 25, 200938NOTICE OF APPEARANCE by Sarah Pearson Hinchliff on behalf of Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Hinchliff, Sarah)
September 8, 200939ANSWER to Counterclaim. Document filed by Mannie Garcia.(Carpinello, George)
September 8, 200940ANSWER to Crossclaim. Document filed by Mannie Garcia.(Carpinello, George)
October 16, 200941MOTION to Amend/Correct 21 Answer to Counterclaim, 1 Complaint, 35 Answer to Counterclaim,. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit A part 3, # 4 Exhibit B part 1, # 5 Exhibit B part 2, # 6 Exhibit B part 3, # 7 Exhibit C part 1, # 8 Exhibit C part 2, # 9 Exhibit C part 3, # 10 Exhibit C part 4)(Ahrens, Julie)
October 20, 200942MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure. Document filed by The Associated Press.(Cendali, Dale)
October 20, 200943MEMORANDUM OF LAW in Support re: 42 MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure.. Document filed by The Associated Press. (Cendali, Dale)
October 20, 200944DECLARATION of Dale M. Cendali in Support re: 42 MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cendali, Dale)
October 29, 200945NOTICE OF APPEARANCE by Geoffrey Shannon Stewart on behalf of Shepard Fairey, Obey Giant Art, Inc (Stewart, Geoffrey)
October 29, 200946MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph)
November 2, 200947NOTICE OF APPEARANCE by Meir Feder on behalf of Shepard Fairey, Obey Giant Art, Inc (Feder, Meir)
November 4, 200948MOTION for William E. Fisher III to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(mro)
November 9, 200949MEMORANDUM OF LAW in Opposition re: 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey.. Document filed by The Associated Press. (Cendali, Dale)
November 9, 200950DECLARATION of Dale M. Cendali in Opposition re: 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cendali, Dale)
November 9, 200951Court Opinion or Order ORDER: granting 48 Motion for William E. Fisher III to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 11/9/2009) (jfe)
November 10, 200952Court Opinion or Order ORDER granting 41 Motion to Amend/Correct ; granting 42 Motion to Amend/Correct ; granting 46 Motion to Substitute Attorney. Added attorney Jones Day for Shepard Fairey and Obey Giant Art, Inc, William W. Fisher, III for Shepard Fairey and Obey Giant Art, Inc. Attorney Joseph C. Gratz; Sarah Hinchliff Pearson; Mark Lemley; Michael H. Page; Julie Angela Ahrens and Anthony T. Falzone terminated. On November 10, 2009, the parties came before me to argue three motions. For the reasons stated on the record, I grant the parties' motions to amend the pleadings, Defendants' motion to add One 3 Two, Inc. (d/b/a Obey Clothing) as a counterclaim defendant, and Fairey's motion to substitute counsel. The clerk shall mark the motions (Doc Nos. 41,42, and 46) as terminated. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/10/2009) (jmi) Modified on 11/16/2009 (jmi).
November 10, 200953MOTION for Michael F. Williams to Appear Pro Hac Vice. Document filed by The Associated Press.(dle)
November 12, 200954AMENDED ANSWER to., COUNTERCLAIM against Shepard Fairey, One 3 Two, Inc., Obey Giant LLC, Studio Number One, Inc., Obey Giant Art, Inc. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cendali, Dale)
November 12, 200955SUMMONS RETURNED EXECUTED. One 3 Two, Inc. served on 11/11/2009, answer due 12/1/2009. Service was accepted by Robyn C. Crowther, Counsel for One 3 Two, Inc. (d/b/a Obey Clothing). Service was made by E-Mail. Document filed by The Associated Press. (Cendali, Dale)
November 12, 200956CERTIFICATE OF SERVICE of Summons and Amended Answer to Complaints, Counterclaim,,. Service was accepted by Robyn C. Crowther, Counsel for One 3 Two, Inc. (d/b/a Obey Clothing). Service was made by E-Mail. Document filed by The Associated Press. (Cendali, Dale)
November 13, 200957AMENDED ANSWER to 33 Answer to Complaint, Crossclaim, Counterclaim., COUNTERCLAIM against Mannie Garcia. Document filed by Shepard Fairey, Obey Giant Art, Inc. (Stewart, Geoffrey)
November 13, 200958AMENDED ANSWER to 13 Answer to Complaint, Counterclaim. Document filed by Shepard Fairey, Studio Number One, Inc., Obey Giant Art, Inc. (Stewart, Geoffrey)
November 13, 200959AMENDED COMPLAINT amending 1 Complaint against The Associated Press.Document filed by Shepard Fairey, Obey Giant Art, Inc. Related document: 1 Complaint filed by Obey Giant Art, Inc, Shepard Fairey.(mro)
November 16, 200960Court Opinion or Order ORDER ADMITTING COUNSEL PRO HAC VICE granting 53 Motion for Michael F. Williams to Appear Pro Hac Vice for the Associated Press. (Signed by Judge Alvin K. Hellerstein on 11/16/09) (cd)
November 23, 200961Court Opinion or Order CASE MANAGEMENT PLAN: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure: Amended Pleadings due by 1/22/2010. Joinder of Parties due by 1/22/2010. Motions due by 3/2/2010. Discovery due by 4/30/2010. Status Conference set for 3/5/2010 at 10:00 AM before Judge Alvin K. Hellerstein. All fact discovery to be completed by January 30, 2010. Disclosure of expert witnesses and exchange of expert reports by February 26, 2010; except disclosure of Mannie Garcia's expert witnesses and the exchange of those export reports by March 5, 2010. Motions for summary judgment in connection with the copyright ownership issue filed on or before March 2, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Oppositions are filed. Disclosure of rebuttal experts and exchange of rebuttal expert reports by April 2, 2010. Expert discovery (including depositions) to be completed by April 30, 2010. Remaining motions for summary judgment filed on or before MaY 27, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Opposition, are filed. In addition. plaintiffs and counterclaim defendants Shepard Fairey, Obey Giant Art, Inc., Obey Giant LLC, and Studio Number One. Inc. are directed to preserve all materials, including all electronic materials, bearing on the spoliation and fabrication issues. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/23/2009) (jmi)
November 30, 200962NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of One 3 Two, Inc. (Trzaskoma, Theresa)
November 30, 200963NOTICE OF APPEARANCE by Charles Anthony Michael on behalf of One 3 Two, Inc. (Michael, Charles)
December 3, 200964ANSWER to Counterclaim. Document filed by Mannie Garcia.(Carpinello, George)
December 3, 200965NOTICE OF APPEARANCE by Chris J. Lopata on behalf of Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Lopata, Chris)
December 3, 200966AMENDED ANSWER to 1 Complaint., CROSSCLAIM against The Associated Press., COUNTERCLAIM against Shepard Fairey. Document filed by Mannie Garcia. (Carpinello, George)
December 1, 200967MOTION for Robyn C. Crowther to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe)
December 1, 200968MOTION for Laurie C. Martindale to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe) (mbe).
December 1, 200969MOTION for Jeanne A. Fugate to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe)
December 4, 200970RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by One 3 Two, Inc..(Trzaskoma, Theresa)
December 4, 200971ANSWER to Counterclaim. Document filed by One 3 Two, Inc..(Trzaskoma, Theresa)
December 4, 200972ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Chris J. Lopata dated 12/3/09 re: counsel for plaintiffs write to request a short extension of time to December 14, 2009 to permit plaintiffs and counterclaim defendants to respond to the Associated Press's First Amended Counterclaim. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/4/09) (pl)
December 8, 200974Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Jeanne A. Fugate is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo)
December 8, 200975Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Laurie C. Martindale is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo)
December 8, 200976Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Robyn C. Crowther is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo)
December 10, 200978NOTICE OF APPEARANCE by Robyn Carrico Crowther on behalf of One 3 Two, Inc. (Crowther, Robyn)
December 10, 200979NOTICE OF APPEARANCE by Jeanne Adele Fugate on behalf of One 3 Two, Inc. (Fugate, Jeanne)
December 10, 200980NOTICE OF APPEARANCE by Laurie Catherine Martindale on behalf of One 3 Two, Inc. (Martindale, Laurie)
December 14, 200981ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Lopata, Chris)
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Plaintiff: Shepard Fairey
Represented By: Julie Angela Ahrens, Anthony T. Falzone, Joseph C. Gratz
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Plaintiff: Obey Giant Art, Inc
Represented By: Julie Angela Ahrens, Anthony T. Falzone, Joseph C. Gratz
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Defendant: The Associated Press
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