Identical trademarks can coexist, as the Trademark Trial and Appeal Board once again emphasized when it overturned the refusal of a COMPASSION IN ACTION mark. ...more
Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S....more
The Supreme Court has now issued its awaited opinion in Warner v. Nealy, ruling that plaintiffs can recover damages for copyright infringement that is more than three years old, at least under the discovery accrual...more
5/13/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
The Supreme Court heard oral argument in February in Warner Chappell Music, Inc. v. Nealy, a case that promised to resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
4/26/2024
/ Copyright ,
Copyright Infringement ,
Damages ,
Discovery ,
Discovery Rule ,
Music Industry ,
SCOTUS ,
Split of Authority ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
10/12/2023
/ Cause of Action Accrual ,
Certiorari ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Damages ,
Discovery ,
Music ,
Music Industry ,
SCOTUS ,
Sound Recording Copyrights ,
Split of Authority ,
Statute of Limitations ,
The Copyright Act
How far does the Lanham Act’s reach extend? The Supreme Court gave us one answer in Abitron Austria GmbH et al. v. Hetronic International, Inc. and made it simple: not very far....more
6/30/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Sales ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
In 2018, the U.S. Copyright Office denied the registration of a 2-D work of art “A Recent Entrance into Paradise” generated by artificial intelligence (“AI”). The programmer behind the AI, Dr. Stephen Thaler, sued the...more
Welcome to Issue 4 of the Dorsey Legal Arcade, our newsletter chronicling legal developments impacting the video game industry. At Dorsey & Whitney LLP, we have a strong international practice and an interest in changes in...more
3/2/2023
/ Augmented Reality ,
China ,
Emerging Technologies ,
Emerging Technology Companies ,
eSports ,
Gaming ,
Loot Boxes ,
Online Gaming ,
Online Safety for Children ,
Video Games ,
Virtual Reality
In a recent Show Cause Order, the United States Patent and Trademark Office took on the ghost of trademark attorneys past or rather it took aim at a scary level of fraud. The USPTO has threatened sanctions against...more
Earlier this summer, U.S. District Judge Amy Berman Jackson refused to buy plaintiff, Valancourt Books, LLC’s, claims that the Copyright Office of the United States unconstitutionally demanded books for free, when Judge...more
When parties consider an M&A transaction involving a merger, a factor that is top of mind for counsel is complying with the statutory appraisal procedures afforded to holders of equity in the merging entity who do not consent...more