Legal Opinion

Kwan v. Schlein

Court of Appeals for the Second Circuit

Decided January 25, 2011No. Docket 09-5205-cvPublishedCited by 121 opinions

1Opinion of the Court

POOLER, Circuit Judge:

Appeal from two orders of the United States District Court for the Southern District of New York (Stein, /.). One order, entered on July 16, 2009, granted summary judgment on Appellant’s claim for copyright infringement on the ground that the claim was time-barred. The other, entered on November 23, 2009, dismissed without prejudice Appellees’ counterclaims. We hold that a time-barred ownership claim will bar a claim for copyright infringement where, as here, the infringement claim cannot be decided without adjudication of a genuine dispute as to the plaintiffs ownership…

2Cases cited17 opinions

  1. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  2. Wright v. GoordCourt of Appeals for the Second Circuit · 2009
  3. Cone v. West Virginia Pulp & Paper Co.Supreme Court of the United States · 1947
  4. Roger Miller Music, Inc., and Mary A. Miller, Plaintiffs-Appellants/cross-Appellees v. Sony/atv Publishing, Llc, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2007
  5. Jones v. Securities & Exchange CommissionSupreme Court of the United States · 1936

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3Cited by121 opinions

  1. Seven Arts Filmed Entertainmen v. Content Media Corporation PlcCourt of Appeals for the Ninth Circuit · 2013
  2. Gary Friedrich Enterprises, LLC v. Marvel Characters, Inc.Court of Appeals for the Second Circuit · 2013
  3. Stan Lee Media, Inc. v. Walt Disney Co.Court of Appeals for the Tenth Circuit · 2014
  4. Equal Employment Opportunity Commission v. Bloomberg L.P.District Court, S.D. New York · 2013
  5. Muhammad-Ali v. Final Call, Inc.Court of Appeals for the Seventh Circuit · 2016

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