Sarl Louis Feraud International is a French corporation that designs high-fashion clothing and other items for women.

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Sarl Louis Feraud International is a French corporation that designs high-fashion clothing and other items for women. Viewfinder, Inc., a Delaware corporation, operated a Website called “firstView. com,” on which it posted photographs of fashion shows held by designers around the world, including photographs of Feraud’s fashion shows. The firstView Website contained both photographs of the current season”s fashions, which could be viewed only upon subscription and payment of a fee, and photographs of past collections, which were available for free. In January 2001, Feraud, along with several other design houses, filed suit against Viewfinder in the Tribunal de grande instance de Paris seeking money damages for alleged unauthorized use of their intellectual property and unfair competition. Viewfinder failed to respond, and the French court entered a default judgment in which it ordered Viewfinder to remove the offending photographs, and awarded damages of 500,000 francs for each plaintiff and a fine of 50,000 francs for each day Viewfinder failed to comply. In December 2004, Feraud sought recognition of the judgment in U.S. district court in New York. The district court found that enforcing the French judgment would be repugnant to New York public policy because it would violate Viewfinder’s First Amendment rights. The district court concluded that the “First Amendment simply does not permit plaintiffs to stage public events in which the general public has considerable interest, and then control the way in which information about those events is disseminated in the mass media.” Feraud filed an appeal in the U.S. Court of Appeals for the Second Circuit. What should be the outcome on appeal?

Corporation
A Corporation is a legal form of business that is separate from its owner. In other words, a corporation is a business or organization formed by a group of people, and its right and liabilities separate from those of the individuals involved. It may...
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Related Book For  answer-question

International Business Law and Its Environment

ISBN: 978-1285427041

9th edition

Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge

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