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The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under...more
This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more
The US Court of Appeals for the Seventh Circuit affirmed a district court’s award of attorneys’ fees and its determination that trivial additions to existing documents were not copyrightable. UIRC-GSA Holdings, LLC v. William...more
Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more
The US Court of Appeals for the First Circuit agreed with the trial court regarding the reasonableness of the plaintiff’s legal positions and found that the trial court did not abuse its discretion in denying the defendants,...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a $1.7 million award of attorneys’ fees, finding the amount unreasonable compared to the benefit the plaintiffs received. Lowery v. Rhapsody International,...more
A recent Ninth Circuit decision clarified that the benefit to the class is the “touchstone for determining the reasonableness of attorneys’ fees in a class action.” Under this decision, the fee should not be based on the...more
Creative works of expression are likely your most valuable assets if you are a film studio, photographer, software developer, writer, musician, or visual artist. To fully protect against copycats, you need federal copyright...more
Copyright owners now have another venue for enforcing copyrights: the Copyright Claims Board (CCB). Established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), the CCB aims to provide...more
[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more
The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more
We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by...more
The US Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment on the issue of copyright infringement and an award of attorneys’ fees against the plaintiff under the Copyright Act. Although the Court noted...more
In a decision that opens the door wider for winning parties to seek awards of attorney's fees in copyright disputes, the U.S. Court of Appeals for the Ninth Circuit has ruled that a declaratory action alleging copyright...more
It is no secret about the proliferation of copyright lawsuits that have been filed over the past four years over the unauthorized use of photos online, many against media companies that seek to shield themselves from...more
The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more
In This Issue - A Looming AI War: Transparency v. IP Rights - As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more
You may have heard: infringing a viral photo of the current President of the United States will only cost you $750. Setting aside whether that valuation was at all related to the subject matter of the photo, let’s talk about...more
As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys spent on the...more
NOSB Votes to Continue Allowing Hydroponics - The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a...more
Addressing attorneys’ fees in the context of a breach of contract claim, the US Court of Appeals for the 11th Circuit reversed the district court’s limited award of attorneys’ fees, finding the award inconsistent with the...more
Calling the district court’s action an “abuse of discretion,” the 11th Circuit reversed a decision that cut by more than 90 percent a successful copyright infringement plaintiff’s request for attorney’s fees and costs. Yellow...more
A recent decision from the California Court of Appeal, Fourth Appellate District, ended the hopes and dreams of a copyright owner from receiving a share of the $2.8 billion earned by James Cameron’s Avatar film. In this...more
Ad Company's Geotargeting Locates a $1M Penalty - InMobi, a Singapore-based mobile advertising company, will pay almost $1 million in civil penalties and implement a comprehensive privacy program to settle charges that...more
Supreme Court: Status Quo in Cuozzo - Why it matters: On June 20, 2016, the Supreme Court decided Cuozzo Speed Technologies v. Lee, where it rejected challenges to the Patent Trial and Appeal Board (PTAB) inter partes...more