Articles Posted in US Court of Appeals for the Second Circuit

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Plaintiffs, members of a musical group called "Sly Slick & Wicked," filed suit alleging that Dynatone and others collected royalties from the sampling of their song, "Sho' Nuff" in 2013 and that plaintiffs were entitled to those royalty payments. The Second Circuit held that the district court erred in concluding that a repudiation of plaintiffs' claims with respect to the original terms constituted a repudiation of the renewal terms. In this case, plaintiffs did not have reasonable notice that defendants had filed a registration in the capacity of employer for hire. Therefore, the registration did not constitute effective repudiation, triggering an obligation for plaintiffs to bring suit. Accordingly, the court vacated this portion of the judgment. The court affirmed the district court's dismissal of plaintiffs' state law accounting claim for failure to allege a fiduciary duty. Therefore, the court remanded for further proceedings as to plaintiffs' renewal term copyright claims. View "Wilson v. Dynatone Publishing Co." on Justia Law

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The Second Circuit affirmed the district court's denial of NASL's motion for a preliminary injunction seeking a Division II designation pending the resolution of its antitrust case against USSF. Applying the heightened standard applicable to mandatory preliminary injunctions, the court held that NASL failed to demonstrate a clear likelihood of success on the merits of its antitrust claim against USSF under 15 U.S.C. 1. In this case, even assuming that NASL's allegations showed a conspiracy, NASL failed to show that the agreement at issue was an unreasonable restraint on competition under section 1. Accordingly, the court remanded for further proceedings on the merits of NASL's claims. View "North American Soccer League, LLC v. United States Soccer Federation, Inc." on Justia Law