Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. In doing so the Court focused not solely on the...more
The Ninth Circuit Court of Appeals recently held in VIP Products LLC v. Jack Daniel’s Properties, Inc. that the “Bad Spaniels” dog toy is an expressive work entitled to First Amendment protection. The court vacated the United...more
On October 22, 2019, the U.S. House of Representatives voted 410-6 in favor of the Copyright Alternative in Small-Claims Enforcement Act of 2019, or CASE Act. If passed into law, the CASE Act would create a voluntary small...more
On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute.
In Reserve Media, Inc. v. Efficient Frontiers, Inc.,...more
The Ninth Circuit Court of Appeals recently held that the title of a webcast, which included two trademarks belonging to another party, constituted nominative fair use, which protected the defendants from trademark...more
2/7/2019
/ Advertising ,
Endorsements ,
Fair Use ,
Goods or Services ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Marketing ,
Nominative Fair Use Doctrine ,
Sponsors ,
Trademark Infringement ,
Trademarks
On December 12, 2018, the Second Circuit Court of Appeals affirmed a district court’s ruling favoring several major record company plaintiffs in a copyright infringement case against a digital music resale site. Defendant...more
Last week, President Trump signed into law the Orrin G. Hatch–Bob Goodlatte Music Modernization Act. The Act modifies existing law under the Copyright Act, and largely affects only those who deliver digital music content or...more
The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright...more
Last week, a Federal Circuit panel considered whether transferring patents to a tribal nation invoked the tribe’s sovereign immunity precluding inter partes review. The panel heard oral argument in Saint Regis Mohawk Tribe et...more
6/12/2018
/ Generic Drugs ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Mylan Pharmaceuticals ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sovereign Immunity ,
Tribal Governments
The Federal Circuit has reversed, for the second time, the much-followed copyright infringement case, Oracle America, Inc. v. Google LLC, which has been ongoing since 2010. Oracle filed suit alleging Google copied and used 37...more
3/30/2018
/ Android ,
Copyright ,
Copyright Infringement ,
Fair Use ,
Google ,
Intellectual Property Protection ,
IP License ,
Java ,
Oracle ,
Oracle v Google ,
Software Developers ,
Technology Sector
The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such...more
The Supreme Court has granted certiorari to consider whether damages for infringement of a U.S. patent include lost profits resulting from activities outside the U.S....more
1/19/2018
/ Amicus Briefs ,
Foreign Sales ,
Intellectual Property Protection ,
International Litigation ,
Lost Profits ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pending Litigation ,
Petition for Writ of Certiorari ,
Solicitor General ,
WesternGeco LLC v Ion Geophysical Corporation
On April 10, 2017, Neil Gorsuch was sworn in as the 113th justice of the Supreme Court, filling the vacancy left by Justice Antonin Scalia. While on the Tenth Circuit, Justice Gorsuch wrote opinions on complex trade secret,...more