News & Analysis as of

Intellectual Property Protection Statutory Damages

Vondran Legal

G&G Closed Circuit Events litigation overview

Vondran Legal on

Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments.  There are several...more

Robinson+Cole Manufacturing Law Blog

A New Supreme Court Case Could Take a Toll on Copyright Trolls

We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a...more

Sunstein LLP

The New York Times v. OpenAI: The Biggest IP Case Ever

Sunstein LLP on

On December 27, 2023, the New York Times filed a complaint in the Southern District of New York against Microsoft and OpenAI, alleging massive copyright infringement. This promises to be the most high-stakes intellectual...more

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

MarkIt to Market® - June 2022: An Open-and-Shut Case for the CCB? It Depends.

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

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

MarkIt to Market® - June 2022

[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

International Lawyers Network

Damages for Copyright Infringement before You Register Your Copyright

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book. Let’s also suppose you are...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Floral Prints and Janitors

This week, we take a look at one Ninth Circuit decision addressing how to assess damages among multiple copyright infringers, and another examining the implications of changes in California law governing the distinction...more

Jones Day

China Promulgates Fourth Amendment to Patent Law

Jones Day on

On October 17, 2020, the Standing Committee of the National People’s Congress in China promulgated the fourth amended Patent Law of the People’s Republic of China, which came into force in its original form in 1985, with...more

Jaburg Wilk

Catch a Tiger by the Toe: How the Tiger King Got Caught (for Copyright Infringement)

Jaburg Wilk on

Caution: Spoilers Ahead. Netflix’s wildly popular documentary series Tiger King: Murder, Mayhem and Madness continues to capture the imagination of the public as countless media reports and a follow-up Netflix episode...more

International Lawyers Network

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

Robins Kaplan LLP on

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

Dorsey & Whitney LLP

Can Copyright Owners Use Section 1201(a) of the Digital Millennium Copyright Act Against Innocent Users?

Dorsey & Whitney LLP on

The Digital Millennium Copyright Act (“DMCA”) was intended to update U.S. copyright law for the digital age.  Originally enacted in 1998, the DMCA intended to protect copyright holders from companies who made money by making...more

Bennett Jones LLP

Obituary Piracy Assessed

Bennett Jones LLP on

Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context....more

McDermott Will & Emery

Hell 2 Da Naw Pay Up Statutory Damages Award

McDermott Will & Emery on

Addressing the proper procedure for electing statutory damages under the Copyright Act, the US Court of Appeals for the Sixth Circuit affirmed the district court, agreeing that the plaintiff had properly informed the court of...more

Mintz - Real Estate, Construction &...

5Pointz and the Visual Artists Rights Act of 1990

A recent article I co-authored and published in the New York Law Journal recaps and highlights the key takeaways in the federal district court’s decision in Cohen v. G&M Realty L.P. (E.D.N.Y, Feb. 18, 2018), relating to the...more

Jaburg Wilk

Why Register My Copyrights? The Benefits of Copyright Registration

Jaburg Wilk on

Copyrights arise automatically when an original work is created. Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs,...more

Polsinelli

Courts Split on How to Determine Statutory Damages for Copyright Infringement

Polsinelli on

The recent decision in Energy Intelligence Group, Inc. v. CHS McPherson Refinery, Inc. highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple...more

Robins Kaplan LLP

Tyler the Creator Sued for Copyright Infringement

Robins Kaplan LLP on

Rapper Tyler, the Creator (“Tyler”), is facing a lawsuit for copyright infringement, which alleges he illegally sampled a 1971 soul song, “Why Can’t There Be Love,” in his 2015 hit, “Deathcamp.” ...more

Hogan Lovells

Calculating larger patent damages in China by burden shifting

Hogan Lovells on

In China, most damages awarded in patent cases are statutory in nature despite the availability of additional options of calculating damages including losses by the plaintiff, profits obtained by the defendant, or where a...more

Bennett Jones LLP

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

Bennett Jones LLP on

Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide