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Psihoyos v. John Wiley & Sons, Inc.

Psihoyos v. John Wiley & Sons, Inc. - USCA Second Circuit, April 4, 2014: Second Circuit adopts “discovery rule” for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to...more

Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims;...

An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative...more

The Katten Kattwalk | Issue 04

In this issue: - Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved - Want to Reserve a Trademark? Be Prepared to Prove You Will Use It - Around the Horn: Customs and...more

Supreme Court Denies Leave in Self-Identified Problem Gamblers Class Action – Class Action Remains Uncertified

In Dennis v. Ontario Lottery and Gaming Corporation, 2013 ONCA 501, the Ontario Court of Appeal dismissed the appeal of an unsuccessful certification motion. The class action was commenced on behalf of residents of Ontario...more

Experience Jimi Hendrix, Post-Mortem Publicity Rights - Experience Hendrix LLC et al. v. HendrixLicensing.com LTD et al.

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court’s ruling finding unconstitutional the provisions of the Washington Personality Rights Act pertaining to post-mortem publicity rights, qualified that...more

Sixth Circuit Grants Stay in Lansing, Michigan, Off-Reservation Casino Case

In an order issued on February 24, 2014, the United States Court of Appeals for the Sixth Circuit granted a stay of its decision in State of Michigan v. The Sault Ste. Marie Tribe of Chippewa Indians (Sixth Circuit Case No....more

Ninth Circuit Recognizes Copyright Interest in Actor’s Performance in Response to Fatwa to Justify Takedown of Video

The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 10, 2014: Brownstein v....

In declaratory judgment action seeking joint authorship of work, Third Circuit holds that joint authorship claim under Copyright Act accrues, for statute of limitations purposes, when plaintiff’s authorship has been expressly...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014

Plaintiff Experience Hendrix, L.L.C., formed by Jimi Hendrix’s sole heir, owns trademarks that it uses to sell and license products related to Jimi Hendrix. Experience Hendrix sued defendants Andrew Pitsicalis and his...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014: Fox Broadcasting...

Ninth Circuit issues amended opinion affirming denial of plaintiff broadcasting companies’ motion for preliminary injunction against Dish Network over Dish Network’s network television recording product, finding that...more

Delaying Bull: The Supreme Court Hears The Raging Bull Copyright Laches Case

On January 21, 2014, oral arguments were held in the Supreme Court case of Petrella v. Metro-Goldwyn-Mayer, Inc., which concerned the copyright to the story underlying the film Raging Bull. We previously discussed this case...more

US Supreme Court Will Hear Broadcasters’ Case

Aereo, a New York-based startup technology company financed by Barry Diller, utilizes warehouses full of tiny antennas to capture over-the-air television and then retransmit it over the Internet to its subscribers’ digital...more

Carnegie Mellon v. Marvell: District Court Denies Marvell's Equitable Defenses Finding That Marvell Has Not Acted Equitably Toward...

In this patent infringement case brought by Carnegie Mellon University ("CMU"), against Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. (collectively "Marvell"), CMU alleged that Marvell has infringed two of...more

Defining Copyright Infringement

The Supreme Court recently addressed the approach to assessment of copyright infringement in the case of Cinar Corporation v Robinson, 2013 SCC 73, and thereby provided some important guidance to courts facing similar...more

Ninth Circuit Eliminates Presumption of Irreparable Harm for Trademark Owners Seeking a Preliminary Injunction - Herb Reed...

In yet another chapter in the epic saga regarding use of the musical group name “The Platters,” the U.S. Court of Appeals for Ninth Circuit overturned precedent by finding that irreparable harm must be proven in trademark...more

Ninth Circuit Raises The Bar For Plaintiffs Seeking Trademark Injunctions

The Ninth Circuit’s recent decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management Inc. increases the burden on trademark plaintiffs seeking preliminary injunctions. The case is the first decision from a...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 13, 2013

Herb Reed Enters., LLC v. Fla. Entertainment Mgmt., USCA, Ninth Circuit, December 2, 2013 - Ninth Circuit reverses district court’s ruling that enjoined entertainment company from using “The Platters” mark for vocal...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 27, 2013

Cohen v. G&M Realty L.P., USDC, E.D. New York, November 20, 2013 - In a matter of first impression, district court denies preliminary injunction under federal Visual Artists Rights Act (VARA) to graffiti artists...more

Injunctive Relief, but not Damages Class, Certified in NCAA Student-Athlete Litigation

In In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2013 U.S. Dist. LEXIS 160739 (N.D. Cal. Nov. 8, 2013) (Wilken, J.)., the Court certified a class of current and former student-athletes seeking injunctive...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 17, 2013

Evans v. Hewlett-Packard Co., USDC, N.D. Cal., October 10, 2013 - District court rejects state-law claims brought by performer “Chubby Checker” relating to lewd mobile app using the same name, finding claims pre-empted...more

Chad Elie v. Ifrah Law PLLC [Professional Negligence Claims]

PROPOSED JOINT DISCOVERY PLAN AND SCHEDULING ORDER SUBMITTED IN COMPLIANCE WITH FED. R. CIV. P.26(f) AND LOCAL RULE 26-1(E )

PROPOSED Joint Discovery Plan / Scheduling Order filed by Plaintiff Chad Elie, Defendants Alain Jeffery Ifrah, Ifrah PLLC . (Chattah, Sigal) (Entered: 10/17/2013) [Clerk Notes.] ...more

Langone v. FanDuel, Inc. (Fantasy Sports)

MEMORANDUM OPINION AND ORDER re Dismissal of Civil Action

United States District Court for the Northern District of Illinois, Eastern Division (Judge Thomas M. Durkin); MEMORANDUM OPINION AND ORDER re Dismissal of Civil Action based upon the Illinois Loss Recovery Act, 720 ILCS...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 4, 2013

Dash v. Mayweather, USCA, Fourth Circuit, September 26, 2013 - In copyright infringement action arising from unauthorized use of musical work during televised wrestling events, Fourth Circuit affirms grant of summary...more

What Is Preliminary Relief in CA?

Plaintiffs are often confronted with the dilemma of prolonged litigation vis-a-vis losing their business to trademark infringement, competition, etc. Preliminary relief in some instances, along with other litigation tactics,...more

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