March 18 — Omar Jaso filed a petition for writ of certiorari on March 3 in Jaso v. Coca-Cola Co. (U.S., No. 13-1046, review sought 3/3/14), appealing dismissal of his copyright infringement case against Coca-Cola Co. related to the latter's “Always Coca-Cola” advertising campaign, created by McCann Erickson.
Coca-Cola contended that the campaign ended in 2000 and that Jaso was time-barred with his 2010 lawsuit. Jaso asserted that the music, which he claims is based on his composition, El Juego, is being sold as a ringtone in Mexico.
The U.S. Court of Appeals for the Fifth Circuit ruled in an unpublished opinion that there was no evidence affirmatively linking defendants to the alleged copyright infringement in the three years before the suit was filed. 5th Cir., 537 F. App'x 557, 2013 BL 206497 (5th Cir. 2013). And the sale in Mexico was an improper basis for the copyright claim because copyright laws generally do not have extraterritorial application, the court said.
The relevant question presented in the cert petition is:
Whether the Fifth Circuit holding that a sale in Mexico was an improper basis for a copyright claim is in direct conflict with holdings in other Districts and U.S. Supreme Court decision.
Petition is available at http://pub.bna.com/ptcj/131046petition.pdf.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).