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Appeals Copyright Litigation Copyright Registration

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part One)

Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more

A&O Shearman

Infringing gin part II: Court of Appeal victory for M&S against Aldi’s copycat design

A&O Shearman on

Designers and brand owners will be comforted by Marks & Spencer’s Court of Appeal victory. It reinforces the importance of registering designs to protect against copycat products and, as the first Court of Appeal decision...more

McDermott Will & Emery

Copyrightability? Think Outside the Checkbox

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s judgment that a customer intake form was not copyrightable because it lacked requisite originality. Ronald Ragan, Jr. v. Berkshire Hathaway...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

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As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

Dunlap Bennett & Ludwig PLLC

The Copyright Claims Board is Here! But Will Anyone Use It?

Later this month, the newly formed Copyright Claims Board (CCB) will officially start accepting cases. The CCB was formed in 2020, when Congress passed the CASE (Copyright Alternative in Small-Claims Enforcement) Act....more

McDermott Will & Emery

Copyright Act's Safe Harbor Protects against Unknown Inaccuracies of Facts or Law

The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s...more

McDermott Will & Emery

Supreme Court to Consider Whether 17 U.S.C. § 411 Requires Referral to Copyright Office

McDermott Will & Emery on

The Supreme Court of the United States agreed to review whether a district court is required to request that the Register of Copyrights advise whether inaccurate information, if known, would have caused the Register to refuse...more

McDermott Will & Emery

Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff

McDermott Will & Emery on

The US Court of Appeals for the First Circuit affirmed dismissal of a copyright infringement claim for failure to register the copyright, and affirmed summary judgment against plaintiff on related state law claims where the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2020: Unicolors v. H&M: When White Lies Can Leave You Black and Blue

Because copyright applications are not substantively examined, unlike patent and trademark applications, obtaining a copyright registration is typically viewed as relatively easy. Indeed, only a minority of copyright...more

Fenwick & West LLP

Copyright Registration After Fourth Estate

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, a unanimous U.S. Supreme Court held in March of this year that a copyright claimant can only commence an infringement suit, unless a limited exception applies,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: The Switch by Nine Compels “A Stitch in Time” Approach to Copyright Filings

The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S. Supreme Court Mandates Copyright Registration to Litigate Infringement Claims

This month, the U.S. Supreme Court highlighted yet another reason to seek copyright registration as soon as possible. In a unanimous decision, the Supreme Court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com...more

White & Case LLP

Supreme Court Clarifies the Rules for Enforcing Copyrights

White & Case LLP on

On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court...more

Coblentz Patch Duffy & Bass

Supreme Court Issues Two Copyright Rulings

The U.S. Supreme Court issued two rulings last week on copyright law. In both cases, they acted to resolve conflicts between the Circuits, following closely to statutory language....more

Jones Day

Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on...more

Goulston & Storrs PC

SCOTUS's Special Exception for Copyright Protection

Goulston & Storrs PC on

On Monday, March 4, 2019, the U.S. Supreme Court issued a decision that stands as an important reminder to owners of copyrightable works: registration of a copyright is a prerequisite to filing a lawsuit for copyright...more

Hogan Lovells

U.S. Supreme Court adopts “registration approach” for copyright infringement actions

Hogan Lovells on

The U.S. Supreme Court has announced in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC that copyright owners must wait for the Copyright Office to formally grant, or refuse to grant, a copyright registration...more

Jaburg Wilk

Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits

Jaburg Wilk on

The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more

Eversheds Sutherland (US) LLP

The Supreme Court weighs in on copyright matters – a costly decision and a registration requirement

It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. ...more

Knobbe Martens

The Supreme Court holds that a copyright claimant may not sue for infringement until the Copyright Office has granted or refused...

Knobbe Martens on

On Monday, March 4, 2019, the U.S. Supreme Court held in a unanimous decision that, under § 411(a) of the Copyright Act, a claimant may not bring suit for copyright infringement until the Copyright Office has either granted...more

Robins Kaplan LLP

SCOTUS Unanimously Holds Copyright Owners Must Obtain Registration Before Filing Suit

Robins Kaplan LLP on

The Supreme Court has finally resolved the application v. registration debate by holding the Copyright Act obligates an owner to obtain a registration for their work before filing an infringement action....more

Dorsey & Whitney LLP

The Supreme Court - March 4, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court issued three decisions: Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more

Ballard Spahr LLP

Supreme Court Allows Copyright Actions Only After Office Acts on Application and Limits Recovery of Costs

Ballard Spahr LLP on

In two unanimous opinions, the Supreme Court on March 4, 2019, clarified two important issues under the Copyright Act—in both cases, based on a strict reading of the relevant text. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Cole Schotz

We May Finally Learn When You Can Sue For Copyright Infringement

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The U.S. Copyright Act permits, but does not require, registration of copyright-protected works with the U.S. Copyright Office. Nevertheless, under the U.S. Copyright Act, registration by the Copyright Office (or ruling by...more

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