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
Date Filed # Docket Text
February 9, 2009 1 COMPLAINT against The Associated Press. (Filing Fee $ 350.00, Receipt Number 677352)Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz) (Entered: February 10, 2009)
February 9, 2009 SUMMONS ISSUED as to The Associated Press. (rdz) (Entered: February 10, 2009)
February 9, 2009 Magistrate Judge Douglas F. Eaton is so designated. (rdz) (Entered: February 10, 2009)
February 9, 2009 Case Designated ECF. (rdz) (Entered: February 10, 2009)
February 9, 2009 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz) (Entered: February 10, 2009)
February 9, 2009 3 MOTION for Anthony T. Falzone to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) (Entered: February 11, 2009)
February 10, 2009 Mailed notice to Register of Copyrights to report the filing of this action. (rdz) (Entered: February 10, 2009)
February 18, 2009 4 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) (Entered: February 18, 2009)
February 18, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 4 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme) (Entered: February 18, 2009)
February 19, 2009 5 REQUEST 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) (Entered: February 19, 2009)
February 27, 2009 CASHIERS OFFICE REMARK on 3 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/09/2009, Receipt Number 677355. (jd) (Entered: February 27, 2009)
March 3, 2009 7 MOTION for Joseph C. Gratz to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) (Entered: March 9, 2009)
March 3, 2009 8 MOTION for Michael Page to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) (Entered: March 9, 2009)
March 3, 2009 9 MOTION for Mark A. Lemley to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) (Entered: March 9, 2009)
March 4, 2009 6 WAIVER 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) (Entered: March 4, 2009)
March 11, 2009 10 NOTICE 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) (Entered: March 11, 2009)
March 11, 2009 11 NOTICE OF APPEARANCE by Dale Margaret Cendali on behalf of The Associated Press (Cendali, Dale) (Entered: March 11, 2009)
March 11, 2009 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Associated Press.(Cendali, Dale) (Entered: March 11, 2009)
March 11, 2009 13 ANSWER 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) (Entered: 03/11/2009)
March 12, 2009 CASHIERS OFFICE REMARK on 7 Motion to Appear Pro Hac Vice, 8 Motion to Appear Pro Hac Vice, 9 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 03/03/2009, Receipt Number 680198. (jd) (Entered: March 12, 2009)
March 12, 2009 14 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) (Entered: March 12, 2009)
March 12, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 14 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: March 12, 2009)
March 12, 2009 15 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) (Entered: March 12, 2009)
March 12, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 15 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: March 12, 2009)
March 12, 2009 16 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) (Entered: March 12, 2009)
March 12, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 16 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: March 12, 2009)
April 8, 2009 17 AFFIDAVIT 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) (Entered: 04/08/2009)
April 8, 2009 18 AFFIDAVIT 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) (Entered: April 8, 2009)
April 14, 2009 19 STIPULATION 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) (Entered: April 14, 2009)
April 14, 2009 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Obey Giant LLC, Studio Number One, Inc..(Falzone, Anthony) (Entered: April 14, 2009)
April 14, 2009 21 ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.. (Attachments: # 1 Exhibit A)(Falzone, Anthony) (Entered: April 14, 2009)
April 15, 2009 22 NOTICE OF APPEARANCE by Claudia Elizabeth Ray on behalf of The Associated Press (Ray, Claudia) (Entered: April 15, 2009)
April 15, 2009 23 NOTICE OF APPEARANCE by Brendan Thomas Kehoe on behalf of The Associated Press (Kehoe, Brendan) (Entered: April 15, 2009)
April 28, 2009 24 ENDORSED 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) (Entered: April 29, 2009)
May 22, 2009 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Pretrial Conference held on 5/22/2009, ( Pretrial Conference set for 9/11/2009 at 10:00 AM before Judge Alvin K. Hellerstein.). (mbe) (Entered: June 11, 2009)
May 29, 2009 25 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) (Entered: May 29, 2009)
June 24, 2009 26 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) (Entered: June 24, 2009)
July 9, 2009 27 QUARTERLY MOTION to Intervene Notice of Motion. Document filed by Mannie Garcia.(Carpinello, George) (Entered: July 9, 2009)
July 9, 2009 28 MEMORANDUM OF LAW in Support re: 27 QUARTERLY MOTION to Intervene Notice of Motion.. Document filed by Mannie Garcia. (Carpinello, George) (Entered: July 9, 2009)
July 9, 2009 29 DECLARATION 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) (Entered: July 9, 2009)
July 9, 2009 30 CERTIFICATE OF SERVICE. Service was made by Mail and E-mail. Document filed by Mannie Garcia. (Carpinello, George) (Entered: July 9, 2009)
July 22, 2009 31 ENDORSED 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) (Entered: July 23, 2009)
July 22, 2009 32 MEMO 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) (Entered: July 23, 2009)
July 23, 2009 33 ANSWER to Complaint., CROSSCLAIM against The Associated Press., COUNTERCLAIM against all plaintiffs. Document filed by Mannie Garcia.(Carpinello, George) (Entered: July 23, 2009)
August 14, 2009 34 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) (Entered: August 14, 2009)
August 14, 2009 35 ANSWER to Counterclaim., COUNTERCLAIM against Mannie Garcia. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph) (Entered: 08/14/2009)
August 14, 2009 36 ANSWER to Complaint., CROSSCLAIM against Mannie Garcia. Document filed by The Associated Press.(Cendali, Dale) (Entered: August 14, 2009)
August 24, 2009 37 ENDORSED 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) (Entered: August 24, 2009)
August 25, 2009 38 NOTICE OF APPEARANCE by Sarah Pearson Hinchliff on behalf of Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Hinchliff, Sarah) (Entered: August 25, 2009)
September 8, 2009 39 ANSWER to Counterclaim. Document filed by Mannie Garcia.(Carpinello, George) (Entered: September 8, 2009)
September 8, 2009 40 ANSWER to Crossclaim. Document filed by Mannie Garcia.(Carpinello, George) (Entered: September 8, 2009)
October 16, 2009 41 MOTION 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) (Entered: October 16, 2009)
October 20, 2009 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) (Entered: October 20, 2009)
October 20, 2009 43 MEMORANDUM 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) (Entered: October 20, 2009)
October 20, 2009 44 DECLARATION 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) (Entered: October 20, 2009)
October 29, 2009 45 NOTICE OF APPEARANCE by Geoffrey Shannon Stewart on behalf of Shepard Fairey, Obey Giant Art, Inc (Stewart, Geoffrey) (Entered: October 29, 2009)
October 29, 2009 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 Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph) (Entered: October 29, 2009)
November 2, 2009 47 NOTICE OF APPEARANCE by Meir Feder on behalf of Shepard Fairey, Obey Giant Art, Inc (Feder, Meir) (Entered: November 2, 2009)
November 4, 2009 48 MOTION 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) (Entered: November 5, 2009)
Docket Report Last Checked: November 6, 2009 20:11:44 PST
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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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