Case 1:13-cv-01215-TSC Document 239 Filed 03/31/22 Page 1 of 47
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN SOCIETY FOR TESTING
AND MATERIALS, et al.,
Plaintiffs,
- v.
PUBLIC.RESOURCE.ORG, INC.,
Defendant.
Case No. 13-cv-1215 (TSC)
Memorandum Opinion
Plaintiffs are three non-profit organizations that develop and publish industry standards to guide professionals working in a variety of commercial trades. They allege that Defendant, a non-profit organization devoted to publicly disseminating legal information, violated copyright and trademark laws by copying and republishing some of Plaintiffs’ written works onto its website. In 2017, the court granted summary judgment to Plaintiffs on their copyright and trademark claims. In 2018, the D.C. Circuit reversed the court’s decision and remanded with instructions to further develop the factual record. The parties have since supplemented the record, each filing new statements of fact and motions for summary judgment that are now pending before the court. For the reasons explained below, the court will grant in part and deny in part Plaintiffs’ motion for summary judgment and for a permanent injunction, and grant in part and deny in part Defendant’s cross-motion for summary judgment.
I. BACKGROUND
In the United States, a complex public-private partnership has developed over the last century in which private industry groups or associations, rather than government agencies,
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