In a closely watched case about damages and the statute of limitations under the Copyright Act, the U.S. Supreme Court held yesterday in a 6-3 decision that, so long as claims are timely, the “Copyright Act contains no...more
5/13/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Discovery Rule ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
Over the past year, groups of plaintiffs filed multiple copyright infringement claims against companies behind generative artificial intelligence software. These lawsuits allege that training AI models involves mass-scale...more
In Spireon, Inc. v. Flex Ltd., No. 2022-1578 (Fed. Cir. June 26, 2023), the Federal Circuit took a surprising turn in which it held that it is the trademark owner’s burden to prove that identical third-party marks put forth...more
The Supreme Court’s June 29, 2023, decision in Abitron Austria GMBH v. Hetronic Int’l, Inc., No. 21-1043, ended decades of circuit splits on the standard for determining the extraterritorial reach of the Lanham Act (see our...more
7/14/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Extraterritoriality Rules ,
Foreign Jurisdictions ,
Foreign Sales ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trademark Protection ,
Lanham Act ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
On June 8, 2023, the United States Supreme Court published its long-awaited decision in Jack Daniel’s Properties Inc. v. VIP Products LLC—a trademark dispute between whiskey maker Jack Daniel’s and VIP Products, the...more
It’s not uncommon for individuals or small businesses to try to save money by filing copyright applications themselves. It’s also not uncommon for some of these registrations to include factual or legal errors, jeopardizing...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
8/21/2019
/ Artificial Intelligence ,
Attorney's Fees ,
Bayh-Dole Act ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Defend Trade Secrets Act (DTSA) ,
Federal Funding ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Lanham Act ,
Litigation Fees & Costs ,
Patent Applications ,
Patent Infringement ,
Patent Reform ,
Patent-Eligible Subject Matter ,
Patents ,
Scandalous/Immoral Marks ,
Trademarks
Avoiding the Top 5 Potholes for Autonomous Transportation Startups -
Autonomous transportation technology was widespread at the 2019 Consumer Electronics Show. Advances in object identification, mapping, machine learning,...more
5/10/2019
/ Automotive Industry ,
CARU ,
Confidential Information ,
Connected Cars ,
COPPA ,
Copyright ,
Disclosure Requirements ,
Driverless Cars ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Manufacturers ,
Petition for Writ of Certiorari ,
Popular ,
Proposed Amendments ,
Startups ,
Technology Sector ,
Trade Secrets ,
Trademarks ,
UK ,
USPTO
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more
10/2/2018
/ America Invents Act ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Arbitration ,
Class Members ,
Contract Interpretation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Cy Pres Funds ,
Federal Arbitration Act ,
Fee Awards ,
Intellectual Property Protection ,
Life Sciences ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prior Art ,
Privacy Laws ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Split of Authority ,
Technology Sector ,
The Copyright Act ,
Video Games
For the first time since it began balancing the competing interests of trademark plaintiffs and creators of expressive works, the U.S. Court of Appeals for the Ninth Circuit held this month in Gordon v. Drape Creative that...more
In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more
11/30/2017
/ Appeals ,
Arrangement and Promotion ,
Artistic Works ,
Commercial Use ,
First Amendment ,
Gaming ,
Intellectual Property Protection ,
Music Industry ,
Summary Judgment ,
Television Shows ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Twentieth Century Fox ,
Video Games
The U.S. Court of Appeals for the Ninth Circuit reaffirmed its commitment to the rule that willfulness is a prerequisite for disgorgement of a trademark infringer’s profits in Stone Creek v. Omnia Italian Design, Case No....more
The U.S. Court of Appeals for the Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a “reverse confusion” theory in Marketquest Group v. BIC, Case No. 15-55755 (9th...more
It’s Dangerous to Go Alone! Take This.
Intellectual Property Tips for the Esports Industry -
With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more
4/25/2017
/ Architectural Copyrights ,
Commercial Use ,
Copyright Infringement ,
Digital Media ,
eSports ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Internet ,
Logos ,
Name and Likeness ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Popular ,
Right of Publicity ,
Trade Secrets ,
Trademark Application ,
Trademark Infringement ,
USPTO ,
Video Games ,
Virtual Reality
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property -
Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
2/10/2017
/ Administrative Appointments ,
America Invents Act ,
Appeals ,
Article III ,
Barack Obama ,
Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Data Breach ,
Denial of Certiorari ,
Disparagement ,
DMCA ,
Exclusive Licenses ,
Fashion Design ,
FDCPA ,
File Sharing ,
First Amendment ,
Free Speech ,
Google ,
Injury-in-Fact ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Service Providers (ISPs) ,
IP License ,
Lanham Act ,
Lee v Tam ,
Lenz v Universal Music Corp. ,
Misappropriation ,
Non-Appealable Decisions ,
Non-Practicing Entities ,
Online Videos ,
Oracle ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
Privacy Laws ,
SCOTUS ,
Section 337 ,
Software Developers ,
Spokeo v Robins ,
Standing ,
Star Athletica v Varsity Brands ,
Takedown Notices ,
Tariff Act of 1930 ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
Trans-Pacific Partnership ,
Trump Administration ,
Uniforms ,
USPTO ,
YouTube
The U.S. Court of Appeals for the Second Circuit recently affirmed the Southern District of New York’s order on summary judgment that My Other Bag’s canvas tote bags do not dilute or infringe Louis Vuitton’s trademarks for...more
12/28/2016
/ Appeals ,
Corporate Counsel ,
Fashion Branding ,
Fashion Industry ,
Intellectual Property Protection ,
Lanham Act ,
Louis Vuitton ,
Parody ,
Summary Judgment ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Young Lawyers
You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more
11/22/2016
/ Brand ,
Consumer Confusion ,
Corporate Counsel ,
Intellectual Property Protection ,
Internet ,
Keyword Search ,
Likelihood of Confusion ,
Online Commentary ,
Online Platforms ,
Popular ,
Search Terms ,
Trademark Infringement ,
Trademarks ,
Young Lawyers
As game developers continue to face both the threat of having their games cloned and accusations that they too are cloning games, it is increasingly important for developers to understand the safeguards that intellectual...more