Expediters International of Washington, Inc. v. Direct Line Cargo Management Services, Inc.

995 F. Supp. 468 (1998)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Expediters International of Washington, Inc. v. Direct Line Cargo Management Services, Inc.

United States District Court for the District of New Jersey
995 F. Supp. 468 (1998)

Facts

A Taiwan company, Direct Line Cargo Management Services, Inc. (CMS-Taiwan), was associated with Direct Line Cargo Management Services, Inc. (CMS-USA) (defendant), a New Jersey corporation. During that association, CMS-Taiwan granted to CMS-USA and to affiliated Asian companies a license to use copyrighted software. Later, however, CMS-Taiwan became associated with Expediters International of Washington, Inc. (EI) (plaintiff). This association resulted in CMS-Taiwan granting EI a license for the software and terminating the earlier software license to CMS-USA and to the affiliates. EI sued CMS-USA, alleging that CMS-USA had continued to use the copyrighted software following expiration of the earlier license from CMS-Taiwan. EI asserted several claims, including copyright infringement. CMS-USA admitted in open court that it had continued to use the software after the license expired. George McKenzie, CMS-USA’s president, testified that the software was extremely valuable to the companies’ businesses. The software had enabled CMS-USA to receive manifests and billing information. EI adduced evidence that CMS-USA and its Asian affiliates entered into joint business dealings and agency agreements and shared profits, leadership, and ownership. Additionally, CMS-USA characterized itself and its Asian affiliates as a “family of companies.” CMS-USA moved for summary judgment, contending that: (1) the Asian affiliates’ accused copying of the software occurred overseas and was thus beyond the territorial reach of the Copyright Act; (2) CMS-USA’s alleged authorization for the Asian affiliates’ copying did not alone suffice to establish liability for direct copyright infringement; and (3) even if CMS-USA’s alleged authorization were directly actionable under the Copyright Act, EI had not produced evidence that CMS-USA in fact had authorized the Asian affiliates to make copies of the software.

Rule of Law

Issue

Holding and Reasoning (Pisano, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership