Case Title and Citation:  Edmark Indus. v. S. Asia Int'l Ltd., 89 F. Supp. 2d 840 (E.D. Tex. 2000)

Court: United States District Court, E.D. Texas, Beaumont Division

Document status: Court order on Plaintiff’s Motion for Summary Judgment on its claims against Defendant for copyright infringement.

Issue or relevant points: 1) When is a claim for copyright infringement claim barred by the three year statute of limitations set forth in 17 U.S.C. § 507(b); 2) Did Plaintiff exercise reasonable diligence sufficient to toll the statute of limitations; 3) Does Plaintiff hold a valid copyright?

Ruling:  The court held there was no genuine issue of material fact that Edmark owned a valid copyright on the brochures and that Azad copied them.  However, the Court denied the motion for summary judgment on the copyright infringement claim because a genuine issue of material fact existed as to whether Edmark exercised reasonable diligence sufficient to toll the statute of limitations.