Cole Schotz Secures Total Victory for DynaStudy in Copyright Suit Against Houston Independent School District

May 24, 2019Attorneys: Gary R. Sorden and Timothy J. H. Craddock
Cole Schotz P.C. secured a total victory for DynaStudy, Inc. in a copyright infringement lawsuit against the Houston Independent School District in the U.S. District Court for the Southern District of Texas. A jury concluded on May 23 that the Houston Independent School District, through its employees, willfully infringed on the educational publishing company’s copyrights to 36 products. The jury also found that the Houston Independent School District violated the Digital Millennium Copyright Act for its creation and/or distribution of copies of 17 of DynaStudy’s DynaNotes student course notes. The verdict amount totaled $9,203,750.

The Houston Independent School District had contended that four of DynaStudy’s copyrighted works were not infringed because they fell under the “fair use” doctrine and argued that three of the copyrights were invalid because the educational publishing company knowingly included inaccurate information in its applications for federal registration of those copyrights. The Cole Schotz team successfully convinced the jury that the copyrights were valid and fair use did not apply.

The Cole Schotz team that represented DynaStudy consisted of member Gary Sorden and associate Timothy Craddock, and was aided by Mandi Phillips of Klemchuk LLP and by DeFacto Trialworks.

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