News & Analysis as of

Willful Infringement Copyright

Mandelbaum Barrett PC

Avoid the Troll – How to Protect You and Your Business From Inadvertent Copyright Problems

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Copyright infringement filings continue to grow with 2023 seeing a 25% increase in cases according to year end federal court statistics. This surge is driven in large part by copyright assertion entities, or “copyright...more

International Lawyers Network

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more

Jaburg Wilk

Artificial Intelligence and Copyright Infringement, Navigating the Evolving Standards

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In the ever-evolving landscape of intellectual property law, one of the most pressing challenges is posed by the rapid advancement of artificial intelligence (AI). Particularly in the realm of photography and visual content,...more

Womble Bond Dickinson

Defendant Cannot Keep Trademark and Copyright Infringement In The Dark

Womble Bond Dickinson on

We have discussed New York-based lighting and furniture designer and manufacturer Hudson Furniture, Inc. in a previous post. While that case has since been terminated, Hudson recently won summary judgment—a finding that...more

McDermott Will & Emery

A Single Picture Database Is Worth a Thousand Statutory Damages Awards

McDermott Will & Emery on

In the latest appeal of a copyright infringement dispute, the US Court of Appeals for the Ninth Circuit upheld the lower court’s finding that the copyright owner’s photographs were not part of a single compilation for...more

Vondran Legal

Willful copyright infringement can be EXPENSIVE, but what does willful really mean?

Vondran Legal on

If you are being sued (or pursued) for copyright infringement, you will likely get a demand letter from a copyright law firm informing you that you have "willfully infringed" their clients software. They might also point out...more

Dickinson Wright

技术的自由实施 (FTO) 尽职调查意见书:是什么?为什么重要?

Dickinson Wright on

A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing...more

Dickinson Wright

Freedom to Operate Opinions: What Are They, and Why Are They Important?

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What is a freedom to operate opinion, and why is it important? ...more

Freeman Law

Criminal Copyright Infringement

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When does a copyright violation rise to the level of criminal copyright infringement? We address this issue below. Federal prosecutors have a number of statutory tools available to combat this common white-collar crime. In...more

Freeman Law

Battling the Counterfeiters: White-Collar Intellectual Property Enforcement

Freeman Law on

This CLE paper explores criminal intellectual property violations. There are a wide range of potentially applicable statutory provisions. Part One broadly discusses criminal copyright infringement, focusing on 17 U.S.C....more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

Greenberg Glusker LLP on

Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

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

MarkIt to Market® - January 2020: "Soft" IP Takes Center Stage at the Supreme Court

The “soft” IP world is looking forward to rulings in six trademark and copyright cases this term, far more than in recent years, and all of which address points of uncertainty that will impact trademark and copyright...more

Pillsbury - Policyholder Pulse blog

A Practical Guide to Securing IP Insurance

There has been tremendous recent growth in the range of specialized insurance policies offered to protect against intellectual property (IP) claims. “Traditional” policies may cover a given IP claim, but specific IP policies...more

Proskauer - Minding Your Business

Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act

Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to...more

Proskauer - New Media & Technology

Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated

Recently, the Ninth Circuit reinstated a $460,000 jury verdict against print-on-demand site Zazzle, Inc. (“Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored...more

McDermott Will & Emery

You Can Have Some Lovin’ - But No Personal Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit dismissed claims against a recording artist and music publishing company for, finding that the court lacked personal jurisdiction over one of the accused artists, a UK resident,...more

Mintz - Sports Entertainment Viewpoints

Whose Game is On? Carrie Underwood and NBC Sued Over SNF Song

As any football fan knows, Carrie Underwood has performed the introductory song for Sunday Night Football since 2013. “Waitin’ All Day For Sunday Night” was the introductory song for the 2013 and 2014 seasons, and “Oh Sunday...more

McDermott Will & Emery

No Vicarious Liability Absent Financial Benefit, Even in Context of Contributory Infringement

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more

Knobbe Martens

Anything Your Heart Designs: Swarovski Hit with Copyright Infringement of Galatea’s “Two In One Heart” Design

Knobbe Martens on

On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more

Dorsey & Whitney LLP

Textile Design Similarity In The Eye Of The Beholder (The Jury): H&M Found Liable For Copyright Infringement

Dorsey & Whitney LLP on

On December 7, a federal jury in Los Angeles awarded $846,720 in damages to Unicolors, Inc. in its suit against H&M Hennes & Mauritz, LP for copyright infringement of a textile design. Unicolors, Inc. v. H&M Hennes & Mauritz...more

Knobbe Martens

Urban Outfitters Hit with Willful Copyright Infringement

Knobbe Martens on

On April 4, 2017, the Ninth Circuit ruled that Urban Outfitters and Century 21 (collectively “Urban”) were liable for willful infringement of a copyrighted fabric design owned by Unicolors Inc. Unicolors is a Los Angeles...more

McDermott Will & Emery

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

Manatt, Phelps & Phillips, LLP

Intellectual Property Law - October 2016

Federal Circuit After Stryker/Halo - Why it matters: On June 13, 2016, the U.S. Supreme Court decided the consolidated cases of Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc. and, as...more

McDermott Will & Emery

Ninth Circuit Provides a Second Look at Willful Copyright Infringement **WEB ONLY**

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In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a music...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2016

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Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

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