17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more
2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more
4/12/2018
/ Apple v Samsung ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Huawei ,
Impression Products v Lexmark International ,
Life Technologies Corp v Promega Corp ,
Matal v Tam ,
NVIDIA ,
Oil States Energy Services v Greene's Energy Group ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Samsung ,
Sandoz v Amgen ,
SCA Hygiene Products Aktiebolag v First Quality Baby Products ,
Star Athletica v Varsity Brands ,
TC Heartland LLC v Kraft Foods ,
Teva Pharmaceuticals ,
Trademark Registration ,
Trademarks ,
Young Lawyers
On March 22, 2017, the United States Supreme Court in the case of Star Athletica LLC v Varsity Brands LLC affirmed a decision of the Sixth Circuit Court of Appeals that copyright protection could exist in surface...more
3/28/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Graphic Designs ,
SCOTUS ,
Section 101 ,
Separability ,
Star Athletica v Varsity Brands ,
Uniforms
Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles). This kept the...more
12/15/2016
/ Artistic Works ,
Copyright ,
Copyright Designs and Patents Act ,
Copyright Infringement ,
Copyright Terms ,
Furniture Industry ,
Graphic Designs ,
Intellectual Property Protection ,
Manufacturers ,
Mass Produced Items ,
Originality ,
UK
Recent cases in the Court of Justice of the European Union (“CJEU”) and the Court of Appeal of England and Wales (“the English Court of Appeal”) have addressed the question of whether those who provide facilities to persons...more
12/13/2016
/ Copyright Infringement ,
Counterfeiting ,
Court of Justice of the European Union (CJEU) ,
EU ,
EU Directive ,
Injunctions ,
Intermediaries ,
Internet Service Providers (ISPs) ,
L'Oreal ,
Member State ,
Third-Party Relationships ,
Trademark Infringement ,
Trademarks ,
Vicarious Infringement ,
Websites
The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright,...more