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Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital...more

Second Circuit Provides Much-Needed Guidance to ISPs Seeking DMCA Safe Harbors for New Technologies

A recent decision from the U.S. Court of Appeals for the Second Circuit provides ISPs seeking to introduce new technologies much-needed guidance concerning the scope of statutory copyright liability safe harbors. In Capitol...more

Former Member of The Commodores Sued For Using Band’s Name to Promote Solo Career

A Florida federal court enjoined Thomas McClary, an original member of famed Motown band the Commodores, from branding himself as “COMMODORES’ Founder Thomas McClary” in his booking advertisements for solo gigs. McClary left...more

Intellectual Property Bulletin - Fall 2016

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

VR/AR in a Real World

In case you have been living under a rock, virtual reality (VR) and its first cousin, augmented reality (AR), have arrived. The highly publicized and long-awaited head-mounted displays (HMDs), the headsets through which the...more

Central District of California Dismisses Copyright Infringement Suit Regarding Christian Film God’s Not Dead

The Central District of California recently dismissed a copyright infringement suit brought by the creators of the screenplay for Rise against the creators of the screenplay God’s Not Dead (“GND”) for failure to state a...more

Major Record Labels file Copyright Suit Against YouTube-MP3.org

YouTube is a well-known video sharing website that allows users to view, upload, share, rate, and comment on videos. Generally, the user streaming the video from YouTube cannot download, copy, or save the video. Stream...more

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

Video Game Patents Are In “Deathmatch” Mode

In 2014, the United States Supreme Court issued its decision in Alice Corp. v. CLS Bank, Inc. While the decision is long and convoluted, the Alice decision effectively narrowed the scope of patentable subject matter by...more

Federal Circuit Clarifies the Applicability of Alice to Software Patents

A recent decision by the Federal Circuit Court of Appeals (Federal Circuit) reversed a summary judgment of invalidity due to patent ineligible subject matter. The two patents at issue cover automating a 3-D animation method...more

European Court Of Justice: Linking To Playboy Pics May Infringe Copyright

On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies....more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

Federal Circuit finds software patent for 3D animation technique patent eligible

McRO v. Bandai Namco Games America is the latest in a line of Federal Circuit cases to reverse a district court finding of patent ineligibility for software patents. See Bascom v. AT&T Mobility (2016) and Enfish v. Microsoft...more

ITV & Others v TVCatchup – Advocate General’s opinion makes light work of Court of Appeal’s uncertainty as to the meaning of...

In the previous installment of this dispute, the UK Court of Appeal (CA) referred questions to the Court of Justice of the European Union (CJEU) on the meaning of the expression ‘access to cable of broadcasting services’ used...more

Bozo’s Flippity-Flop and Shooting Stars: A Cautionary Tale About Rights Management

If you’ve ever taken piano lessons then titles like “Bozo’s Flippity-Flop”, “Shooting Stars” and “Little Elves and Pixies” may be familiar. These are among the titles that were drawn into a recent copyright infringement...more

McRo decision gives software/computer-based patents a big boost

On September 13, 2016, the US Court of Appeals for the Federal Circuit held as patent-eligible patent claims directed to automated lip-synching for animated characters. This holding builds upon the few decisions thus far...more

Lohan v. Take-Two Interactive Software Inc. and Gravano v. Take-Two Interactive Software Inc. - New York Supreme Court, Appellate...

New York appeals court overturns lower court decision, dismissing claims by actress Lindsay Lohan and former “Mob Wives” star Karen Gravano against “Grand Theft Auto V” video game makers for misappropriating their likenesses,...more

ITC Declines to File Petition for Certiorari – CAFC Holding that ITC Does Not Have Jurisdiction over Digital Imports Stands

The deadline has come and gone for the ITC and patentee Align to file petitions for certiorari seeking review by the Supreme Court of the Federal Circuit’s decision in ClearCorrect. On November 10, 2015, a panel of the...more

MarkIt to MarketTM - August 2016

The August 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter explores the guidelines surrounding claims of "Made in the USA" and the use of scents to build strong brand identities. Please see full newsletter...more

Dancing Baby May Be Headed To Supreme Court

On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more

How Trade Dress Can Help Game Developers Level Up

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

DMCA Safe Harbor Protection Includes Pre-1972 Recordings

Vacating a district court’s decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects material posted on websites of online hosts...more

Baseball Hacking Scandal Leads To 4-Year Sentence And MLB Investigation

On Monday, July 18, 2016, the U.S. District Court for the Southern District of Texas sentenced former St. Louis Cardinals scouting director Chris Correa to nearly four years in prison for the hacking of the Houston Astros’...more

When Stealing in Baseball Can Land You in Jail: Computer Fraud Sentencing Announced in MLB Case

Although stealing bases, and even signs, in baseball may be part of the game, stealing another team’s trade secrets can land you in federal prison, as one executive recently learned the hard way. As we previously...more

Riding the Initial “Pokémon Go” Phenomenon: Branding Basics

Pokémon Go, released July 6, has unleashed a swarm of hopeful Pokémon trainers into the world, seeking to, as Pokémon famously says, “catch ‘em all.” And while Pokémon Go users are traversing cities, towns and hamlets to...more

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