Yellow Pages Photos, Inc. v. Yellow Pages Group, LLC, No. 14-13355 (11th Cir. 2015)Annotate this Case
Yellow Pages Group (YPG) appealed from a $123,000 judgment against it in favor of Yellow Pages Photos (YPPI) following a jury verdict in a copyright infringement trial. YPPI cross appealed, raising several claims of error. The court concluded that YPG meets the requirement that it possess standing to litigate this controversy, as it has a concrete and actual interest in avoiding a judgment being entered against it on YPPI’s copyright infringement claim, an interest that will be directly affected by the outcome of this appeal; YPG can nonetheless assert its defense even though it was not in privity of contract with YPPI; the evidence supports the jury’s conclusion that Ziplocal breached its contract with YPPI by transferring YPPI’s photos to YPG; the court found no merit in any of YPG’s contentions that it was entitled to a judgment as a matter of law because the End User License Agreement (EULA) was an invalid contract; and there were sufficient facts at trial to support a finding of willful infringement based on YPG’s reckless disregard for the possibility that it might be infringing on YPPI’s copyrights. Therefore, the court affirmed the district court’s denial of YPG’s renewed motion for a judgment as a matter of law. In regards to the cross-appeal, the court concluded that YPPI’s arguments lack merit and thus do not warrant a new trial on damages.
The court issued a subsequent related opinion or order on January 24, 2017.