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Fourth Estate Public Benefit Corp. v. Wall-Street.com

Docket No.17-571
Op. Below11th Cir.
ArgumentJan 8, 2019

Holding

Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.

Judgment

Affirmed, 9-0, in an opinion by Ruth Bader Ginsburg on Mar 4, 2019.

Proceedings & orders timeline

Aug 4, 2017
Application (17A150) to extend the time to file a petition for a writ of certiorari from August 16, 2017 to October 13, 2017, submitted to Justice Thomas.
Aug 7, 2017
Application (17A150) granted by Justice Thomas extending the time to file until October 13, 2017.
Oct 13, 2017
Petition for a writ of certiorari filed. (Response due November 15, 2017)
Oct 13, 2017
Waiver of right of respondents Wall-Street.com, LLC, et al. to respond filed.
Nov 1, 2017
DISTRIBUTED for Conference of 11/21/2017.
Nov 2, 2017
Response Requested. (Due December 4, 2017)
Nov 28, 2017
Brief of respondents Wall-Street.com, LLC, et al. in opposition filed.
Dec 13, 2017
DISTRIBUTED for Conference of 1/5/2018.
Dec 13, 2017
Reply of petitioner Fourth Estate Public Benefit Corporation filed. (Distributed)
Jan 8, 2018
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 16, 2018
Brief amicus curiae of United States filed.
Jun 5, 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 5, 2018
Supplemental brief of petitioner Fourth Estate Pub. Benefit Corp. filed. (Distributed)
Jun 27, 2018
DISTRIBUTED for Conference of 6/27/2018.
Jun 28, 2018
Petition GRANTED.
Jul 23, 2018
Motion for an extension of time filed.
Jul 24, 2018
Blanket Consent received from counsel of record for Petitioner, Fourth Estate Public Benefit Corporation filed.
Jul 24, 2018
Motion to dispense with printing the joint appendix filed by petitioner Fourth Estate Pub. Benefit Corp.
Jul 25, 2018
Blanket Consent filed by Respondents, Wall-Street.com, LLC, et al.
Jul 27, 2018
Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2018. The time to file respondents' brief on the merits is extended to and including October 11, 2018.
Aug 24, 2018
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Aug 27, 2018
Brief of petitioner Fourth Estate Pub. Benefit Corp. filed.
Sep 4, 2018
Brief amici curiae of National Music Publishers' Association, et al. filed.
Sep 4, 2018
Brief amicus curiae of The Copyright Alliance filed.
Sep 4, 2018
Brief amicus curiae of American Bar Association filed.
Sep 4, 2018
Brief amici curiae of Authors Guild and Other Artists' Rights Organizations filed.
Sep 4, 2018
Brief amicus curiae of The International Trademark Association filed.
Oct 11, 2018
Brief of respondents Wall-Street.com, LLC, et al. filed.
Oct 18, 2018
Brief amicus curiae of Washington Legal Foundation filed.
Oct 18, 2018
Brief amicus curiae of United States filed.
Oct 18, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 18, 2018
Brief amici curiae of Authors and Educators filed.
Oct 18, 2018
Brief amici curiae of Public Knowledge, et al. filed.
Oct 26, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 13, 2018
Reply of petitioner Fourth Estate Pub. Benefit Corp. filed.
Nov 28, 2018
SET FOR ARGUMENT ON Tuesday, January 8, 2019
Nov 30, 2018
CIRCULATED
Dec 11, 2018
Record requested from the U.S.C.A. 11th Circuit.
Dec 13, 2018
Record received from the U.S.D.C. Southern Dist. of Florida Fort Lauderdale Division is electronic and complete.
Dec 17, 2018
Record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
Jan 8, 2019
Argued. For petitioner: Aaron M. Panner, Washington, D. C. For respondents: Peter K. Stris, Los Angeles, Cal.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Mar 4, 2019
Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court.
Apr 5, 2019
JUDGMENT ISSUED.

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