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Are “Concurrent Damages” A Good Idea For Copyright Law?

About a year ago, we wrote about the final chapter in the copyright saga of Joel Tenenbaum, the Boston University student who was found liable for copyright infringement by a District of Massachusetts jury, based on his...more

Garcia v. Google, Inc.

Garcia v. Google, Inc. - USCA, Ninth Circuit, July 11, 2014: Ninth Circuit amends earlier opinion in which it reversed district court’s denial of injunction requiring removal from YouTube.com of anti-Islamic video,...more

Curtis v. Illumination Arts, Inc.

Curtis v. Illumination Arts, Inc. - USDC, W.D. Wa., July 17, 2014 - District court grants default judgment in copyright action and awards $50,000 in statutory damages against defendant publishers per book...more

Australia: Official supplier of statistics to the NRL fails to obtain interlocutory injunction for breach of its intellectual...

On 8 May 2014, Sports Data Pty Ltd (Sports Data), NRL’s previous official supplier of statistics, filed an interlocutory applications against Prozone Sports Australia Pty Ltd (Prozone), the new supplier of statistics to the...more

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were...more

IP Newsflash - June 2014 #4

George Clinton to Pay His Lawyers in Song - In a 9th Circuit opinion, the panel upheld a district court opinion which assigned four of Clinton’s sound recording copyrights to a receiver to satisfy judgments rendered...more

Supreme Court Rules That Aereo’s TV Transmissions Infringe Copyrights as an Illegal Public Performance

In a 6-3 decision earlier today, the United States Supreme Court held that Aereo infringes broadcasters’ copyrights by providing the means for subscribers to view programs through individually-assigned antennas at about the...more

Copyright Alert: ABC v. Aereo: What the Supreme Court Decided - And What It Did Not

On June 25, 2014, a 6-3 majority of the Supreme Court held that Aereo’s service that allows customers to view over-the-air TV broadcasts via the internet violated the public performance right under the Copyright Act. Applying...more

Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the...more

Supreme Court Knocks Out Laches as Equitable Defense to "Raging Bull" Suit

In Petrella v. Metro-Goldwyn-Mayer, Inc., No. 12-1315 (May 19, 2014), the Supreme Court of the United States found the equitable defense of laches does not apply to a copyright infringement claim. In a 6-3 decision, the...more

Raging Bull and Copyright Trolls: The Supreme Court “Knocks Out” The Laches Defense in Copyright Fights

The 1980 movie classic Raging Bull tells the story of the hard-charging boxer Jake LaMotta, the prizefighter from the Bronx who pulverized opponents and eliminated their defenses in the ring. Just days ago in the biggest ring...more

IP Buzz - May 2014

In this issue: - Octane and Highmark: Supreme Court Decisions Give District Courts Greater Discretion to Award Fees - The USPTO Grants Two Patents Claiming Diagnostic Methods Post the Supreme Court's Mayo v....more

Boston Copyright Round Table on Policy, Creativity and Innovation

The Department of Commerce is holding a round table at Harvard Law School on June 25, 2014 to discuss the Internet Policy Task Force’s Green Paper on Copyright Policy, Creativity and Innovation in the Digital Economy,...more

When Judges Met Jazz: The First Decade Of Jazz Law

In honor of African American Music Appreciation Month, sometimes known as Black Music Month, we recall the first judicial decisions in which jazz music was the subject of a legal dispute. Although jazz originated in the late...more

Supreme Court Puts Raging Bull Copyright Back in the Ring

This month, the U.S. Supreme Court in Petrella v. Metro-Goldwyn-Mayer, Inc. revived copyright infringement claims based on the motion picture Raging Bull, and in the process may have killed the "discovery rule" for when a...more

Supreme Court Copyright Decision Determines When Laches Applies

On May 19, 2014, in a six-to-three decision written by Justice Ginsburg, the U.S. Supreme Court held that the doctrine of laches did not bar either legal or equitable relief in a copyright case that was brought within the...more

US Supreme Court Eliminates Laches Defense in Virtually All Copyright Infringement Claims

In Petrella v. Metro-Goldwyn-Mayer, the US Supreme Court resolved a circuit split and ruled that the equitable defense of laches does not bar a plaintiff’s claim for damages brought within the Copyright Act’s three-year...more

Petrella v. Metro-Goldwyn-Mayer, Inc.

Petrella v. Metro-Goldwyn-Mayer, Inc. - United States Supreme Court, May 19, 2014: Resolving circuit split concerning applicability of laches to copyright claims, U.S. Supreme Court reverses Ninth Circuit ruling that...more

Raging Bull Heiress Knocks Out MGM’s Laches Defense

In Petrella v. Metro-Goldwyn-Mayer, Inc., Supreme Court holds that laches cannot bar claims for damages for copyright infringement brought during the 3-year limitations period. On May 19, 2014, in a case concerning the...more

U.S. Supreme Court Holds That Laches Cannot Bar Damages Relief for Timely Filed Copyright Infringement Claims

The U.S. Supreme Court held Monday that the defense of laches cannot serve as an absolute bar to relief for actions brought within the Copyright Act’s three-year limitations period. The majority opinion, penned by Justice...more

Supreme Court Allows Copyright Action, Holds No Laches Defense

May 20, 2014 — Yesterday, in Petrella v. Metro-Goldwyn-Mayer, Inc. (No. 12-1315), the Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim that was brought within the statutorily...more

Supreme Court Keeps Raging Bull Copyright Suit in the Ring

In a ruling that could potentially increase the number of copyright infringement actions, the Supreme Court of the United States has resolved a conflict among the circuits, holding that the equitable defense of laches cannot...more

Digital Imports: Should Downloads Be Subject to the Tariff Act?

On April 3, the International Trade Commission (ITC) ruled that the agency has jurisdiction to police digital transmission for intellectual property infringement. The ITC hears trade disputes regarding “articles” imported...more

Effie Film, LLC v. Murphy

Effie Film, LLC v. Murphy - USCA Second Circuit, May 7, 2014 - Second Circuit affirms grant of declaratory judgment to producer of film based on same historical facts as those underlying defendant's screenplay,...more

Minden Pictures, Inc. v. John Wiley & Sons, Inc.

Minden Pictures, Inc. v. John Wiley & Sons, Inc. - USDC, N.D. Cal., April 29, 2014: California district court holds that dismissal of copyright action for lack of statutory standing did not divest the court of...more

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