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Trans-Siberian Copyright
Highest Court M.D. Florida
Year Ended 2010
Plaintiffs Visual Artist(s)
Defendants Trans-Siberian Orchestra
Other No Other parties on file
Short Description U.S.-based artist was allegedly hired by Trans-Siberia Orchestra to design an album cover, into which he incorporated an illustrated guitar wrapped in roses, an image that has been re-used in various forms by the band. Plaintiff sued both the band and the designer responsible for many of the alleged infringements; the latter moved to dismiss for lack of personal jurisdiction, arguing he had insufficient contacts with Florida. The court held for the Defendant designer, dismissing the complaint as to him. However, when Plaintiff moved to amend his complaint to include Spiderwebart, the company for which Defendant completed his work, the court found personal jurisdiction. - LSW

Legal Issues
Civil Procedure Third Party Claims Necessary Parties
Conflicts of Law Jurisdiction & Forum Personal Jurisdiction
Copyrights Infringement Copying & Distribution/Dissemination
    Inducement & Contributory/Vicarious Liability
  Moral Rights Visual Artists Rights Act of 1990
General Equitable Actions Unjust Enrichment
Trademarks & Unfair Competition State Statute/Common Law Unfair & Deceptive Trade Practices
    Unfair Competition, False Advertising & Related Torts


Opinions Smith v. Trans-Siberian Orchestra
2010 WL 2949290
M.D. Florida , July 26, 2010 ( No.: 8:09-cv-1013-T-33EAJ )


Smith v. Trans-Siberian Orchestra
689 F.Supp.2d 1310
M.D. Florida , February 10, 2010 ( No.: 8:09-cv-1013-T-33EAJ )


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Related Searches Parties
Trans-Siberian Orchestra ( Defendant )
Visual Artist(s) ( Plaintiff )

Legal Issues
Civil Procedure / Third Party Claims / Necessary Parties
Conflicts of Law / Jurisdiction & Forum / Personal Jurisdiction
Copyrights / Infringement / Copying & Distribution/Dissemination
Copyrights / Infringement / Inducement & Contributory/Vicarious Liability
Copyrights / Moral Rights / Visual Artists Rights Act of 1990
General / Equitable Actions / Unjust Enrichment
Trademarks & Unfair Competition / State Statute/Common Law / Unfair & Deceptive Trade Practices
Trademarks & Unfair Competition / State Statute/Common Law / Unfair Competition, False Advertising & Related Torts

Courts
M.D. Florida (highest court)


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