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July 24, 2024, 9:42 pm

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Rule: A preliminary injunction may be granted if the moving party shows either (1) a combination of probable success on the merits and the possibility of irreparable harm, or (2) the existence of serious questions going to the merits, the balance of hardships tipping sharply in its favor, and at least a fair chance of success on the merits. Join to access all included materials. There are many ways to express a helicopter chase scene, but only Plaintiffs' Bond films would do it the way the Honda commercial did with these very similar characters, music, pace, and mood. In addition, several specific aspects of the Honda commercial appear to have been lifted from the James Bond films: (1) In "The Spy Who Loved Me, " James Bond is in a white sports car, a beautiful woman passenger at his side, driving away down a deserted road from some almost deadly adventure, when he is suddenly attacked by a chasing helicopter whose bullets he narrowly avoids by skillfully weaving the car down the road at high speed. Court Quest Extension Pack. What is honda bond. 11 BELLRINGER 2/2 What is the correct order of Florida's courts, from lowest to highest authority? Defendants claim that their commercial was independently created, as evidenced from the Yoshida declaration stating that he was inspired not by James Bond, but by "Aliens. " Plaintiffs raise two points in response: (1) there is other evidence before the Court to suggest that Honda never abandoned the idea of using James Bond as the basis for its commercial for example, the casting director's notes, Yoshida's reference in his deposition to the Honda Man as "James, " etc. For the reasons discussed above, Defendants' evidence is neither very strong nor credible; it is highly unlikely that Defendants will be able to show that they created their commercial separate and apart from the James Bond concept. The "extrinsic" test compares specific, objective criteria of two works on the basis of an analytic dissection of the following elements of each work plot, theme, dialogue, mood, setting, pace, characters, and sequence of events. I will Model the first summary sentence for you.

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Next, Defendants claim, as they did in opposing Plaintiffs' preliminary injunction motion, that the similarities between the works alleged by Plaintiffs are not protectable under copyright law. C. Defendants' Alleged Infringement. 115 S. 1176, 130 L. Bond in a Honda_Activities.pdf - James Bond in a Honda? Name: Make the Case. The plaintiff is the party that makes a complaint against another party, | Course Hero. 2d 1129 (1995) (requiring copying of computer program to be nearly identical because Apple had freely licensed 90% of allegedly infringing program); Worth v. Selchow & Righter Co., 827 F. 2d 569, 572 (9th Cir. And (2) this evidence of intent is relevant to counter Defendants' claim of independent creation. Plaintiffs filed the instant motion for preliminary injunction on January 23, 1995, and Defendants filed their summary judgment motion on February 21, 1995.

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"Understanding the Federal & State Courts" Directions: While reading, your task is to underline the evidence that helps you define the term and then summarize the term in your own words using complete sentences (the terms are provided). FEDERAL AND STATE COURTS SS. In your pairs, reread Article III, Section 1 and create three additional summary sentences. Defendants moved for summary judgment, arguing that plaintiffs did not own exclusive rights to the character, any similarities between films and defendants' commercial were not protected by copyright, and there was no substantial similarity between copyrighted works and defendants' commercial. Lynna Landry, AP US History & Government / Economics Teacher and Department Chair, California. 11] See Warner Bros. American Broadcasting Cos., 654 F. 2d 204, 208-09 (2d Cir. G., Warner Bros. Inc., 654 F. 2d at 208 (holding that access to Superman character assumed based on character's worldwide popularity). James bond in a honda answer key of life. Once you find your worksheet, click on pop-out icon or print icon to worksheet to print or download.

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7] In response, Defendants' expert Needham suggests that the three 1960s British television series "The Avengers, " "The Saint, " and "Danger Man" are precursors of the Bond films and that the Bond films copy from them. A second Ninth Circuit opinion issued in 1988 did little to clarify Air Pirates' impact on the Sam Spade test. 6 Simulate the trial process and the role of juries in the administration of justice. 1 Collection 422 Views 290 DownloadsCCSS: Designed. Since direct evidence of actual copying is typically unavailable, the plaintiff may demonstrate copying circumstantially by showing: (1) that the defendant had access to the plaintiff's work, and (2) that the defendant's work is substantially similar to the plaintiff's. Moreover, as discussed more specifically below, the Honda Man's character, from his appearance to his grace under pressure, is substantially similar to Plaintiffs' Bond. James bond in a honda answer key lime. Click to see the original works with their full license. While it is understandable to require less protection of expressions of factual events or widely-licensed computer programs, conversely, it is important that this Court require greater protection for original works of fiction and the expression of the characters contained therein.

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The amount that may be used diminishes the less the purpose is to critique the original and the more that the parody serves as a substitute for the original. Course Hero member to access this document. "An author can claim to `own' only an original manner of expressing ideas or an original arrangement of facts. " Trial Simulation Lesson" from iCivics: plans/james-bond-honda-trial-simulation- lesson plans/james-bond-honda-trial-simulation- lesson. The Court ORDERS that Defendants, their agents, employees, representatives, and all others purporting to work, or working, on their behalf, be, and by this order are, enjoined from continuing to infringe on Plaintiffs' copyrighted works by displaying or exhibiting in any manner, or causing to be displayed or exhibited in any manner, the Honda del Sol commercial which is the subject of this action, in any medium, including network or cable television or movie theaters. Emphasis added); Warner Bros. Inc. American Broadcasting Cos., 720 F. 2d 231, 235 (2d Cir.

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Defendants respond that Plaintiffs are simply trying to gain a monopoly over the "action/spy/police hero" genre which is contrary to the purposes of copyright law. Defendants' arguments fail for several reasons. What Courts do You See in Article V? Plaintiffs view their films as just such core-predictable work, while Defendants see their work as generic, spy thriller fare. Ferguson v. National Broadcasting Co., 584 F. 2d 111, 113 (5th Cir. Plaintiffs' Opening Memo re: Preliminary Injunction Motion, at 32. Reward Your Curiosity. See, e. g., Dataphase Systems, Inc. v. C L Systems, Inc., 640 F. 2d 109, 113 (8th Cir. In the Honda commercial, the villain jumps onto the roof of the Honda del Sol and scrapes at the roof, attempting to hold on and possibly get inside the vehicle. Sid & Marty Krofft Television Productions, Inc. McDonald's Corp., 562 F. 2d 1157, 1172 (9th Cir. Finally, and most importantly, Defendants do not contest the substantive importance or validity of the exhibits attached to the Mortimer declaration; they simply contend that the Court should not consider these documents because they were not turned over earlier.

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