BEASTIE BOYS, et al., Plaintiffs, -v- MONSTER ENERGY COMPANY, Defendant., 983 F. Supp. 2d 354


Summary

HOLDINGS: [1]-The court precluded the copyright owners from presenting evidence of other alleging infringing videos at trial because introduction of the other incidents would create a risk of unfair prejudice, confusion, and delay that would decisively outweigh any slight probative value under Fed. R. Evid. 403; [2]-Good cause existed for amending the complaint to include the owners' claims pertaining to a fifth song as the owners acted with sufficient diligence in notifying the infringer and the court of the existence of potential claims based on the infringer's inclusion of the song in the video that it posted, the infringer completely failed to show prejudice from the timing of the amendment, and allowing the owners to add the fifth sound recording claim would not be futile.