Legal Opinion
Straus v. DVC Worldwide, Inc.
District Court, S.D. Texas
Decided March 23, 2007No. Civil Action H-04-4625PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM, OPINION, AND ORDER SETTING SCHEDULING CONFERENCE
ROSENTHAL, District Judge.
This case involves a 1989 photograph of the well-known golfer, Arnold Palmer. The plaintiff, Robert Straus, Jr., a professional photographer, took the picture and copyrighted it. He sues DVC Worldwide, Inc. (“DVC”) and Glaxosmithkline (“GSK”), alleging that they infringed the copyright by using the photograph — or images substantially similar to it — in a smoking-cessation campaign in 2001 and 2002, beyond the license Straus had agreed to.
GSK sells smoking-cessation products, including NiCOREtte and…
2Cases cited60 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
- Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
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3Cited by23 opinions
- Andrew Leonard v. Stemtech International IncCourt of Appeals for the Third Circuit · 2016
- Bayou Accredited Fund, LLC v. Redwood Growth Partners, L.P. (In Re Bayou Group, LLC)United States Bankruptcy Court, S.D. New York · 2008
- Exxon Mobil Corp. v. United StatesDistrict Court, S.D. Texas · 2015
- A.A.B. Joint Venture v. United StatesUnited States Court of Federal Claims · 2007
- Engenium Solutions, Inc. v. Symphonic Technologies, Inc.District Court, S.D. Texas · 2013
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