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Case: Copyrights/Counterclaims (W.D. Tenn.)

Feb. 27, 2021, 9:06 AM

American Clothing Express Inc.'s motion to dismiss Cloudflare Inc.'s counterclaims for a declaration of noninfringement and of no evidence that the allegedly infringing websites infringed, in ACE’s action against Cloudflare and others for direct and contributory copyright infringement, was granted by a federal district court in Tennessee. The court found that the five factors from Grand Trunk Western R. Co. v. Considated Rail Corp., 746 F.2d 323, 326 (6th Cir. 1984), favor dismissing Cloudflare’s noninfringement counterclaims: (1) the first two factors — whether the action will settle the controversy and whether the action serves a useful purpose — weigh against...

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