Latest Posts › Copyright

Share:

Design Patent Enforcement in Online Marketplaces

Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more

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

The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more

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

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Time's Up: Supreme Court to Grapple with Damages Dilemma in Warner Chappell Music v. Nealy

On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more

MarkIt to Market® - May 2023

Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more

US Supreme Court Refocuses the Test for Transformative Use

It has been nearly thirty years since the US Supreme Court has considered whether a creative work qualifies as a transformative use under the Copyright Act. The last time was in 1994, when the Court in Campbell v. Acuff-Rose...more

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

Justices to Hear Blockbuster Warhol Case Involving “Fair Use” Defense to Copyright Infringement

On Wednesday, October 12, 2022, at 10 a.m. EDT, the Supreme Court of the United States will hear oral arguments in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869. William H. Milliken, a director...more

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

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

MarkIt to Market® – March 2022: An End to a Trip in Paradise: The U.S. Copyright Office's Position on AI-Generated Art

In 1884, the Supreme Court upended the view that reproductions made by a machine could not qualify for copyright protection. The Court held that a “machine-made” image, meaning a photograph, titled Oscar Wilde, No. 18....more

MarkIt to Market® – March 2022

Thank you for reading the March 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss copyright registration eligibility in relation to non-human authorship and new legislation surrounding...more

US Supreme Court Hems Challenges to Copyright Registrations

In a 6-3 decision, the US Supreme Court in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. held that a copyright registration is valid even though it contains inaccurate information—as long as the copyright holder lacked...more

MarkIt to Market® - June 2021: Unicolors Regroups and Gets Supreme Court to Consider Copyright Invalidation Standard

Earlier this month, the Supreme Court granted Unicolors' request for review of the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (9th Circ. 2020). According to Unicolors, the Ninth Circuit’s...more

MarkIt to Market® - June 2021

The June 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses recent litigation surrounding copyright registration invalidation and implications of the increase in trademark application filings at the USPTO....more

MarkIt to Market® - March 2021: Art Imitating Art?

The Second Circuit recently decided whether artist Andy Warhol’s series of silkscreen prints and pencil illustrations titled “Prince Series” was a fair use of photographer Lynn Goldsmith’s copyrighted photograph of musical...more

MarkIt to Market® - March 2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

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

MarkIt to Market® - May 2020: Banana and Pencil: A Tale of Two Circuits

Three years ago, the Supreme Court announced a seemingly simple separability test for determining whether features of a useful article are eligible for copyright protection in the landmark decision Star Athletica v. Varsity...more

MarkIt to Market® - May 2020

The May 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses two recent precedential TTAB decisions – one regarding disclaimer scope and the other exploring how to successfully claim trademark rights in the...more

MarkIt to Market® - February 2020: Cohen v. G&M Realty L.P.: A Judicious Gentrification of Graffiti

Last week, the Second Circuit issued a landmark decision clarifying the types of work protectable under the federal Visual Artists Rights Act (VARA) in Cohen v. G&M Realty L.P. The decision confirms that graffiti art is a...more

MarkIt to Market® - January 2020: Out In with the Old, In with the New

For many, January 1 marks the beginning of a new year, which is often associated with looking forward. Ironically, some celebrate January 1 by looking backwards, in observance of Public Domain Day. Public Domain Day 2020...more

MarkIt to Market® - January 2020

The January 2020 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the following topics: - The TTAB's affirmation to refuse a mark to distillery Jos. A. Magnus & Co.; - Six trademark and copyright cases...more

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

39 Results
 / 
View per page
Page: of 2

"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