Communications & Media Intellectual Property Civil Procedure

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The Judge Next Door

Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (May 13, 2015) - It is common to have discovery disputes in patent litigation, and parties often resolve such...more

Apple-Samsung Trade Dress Case Demonstrates Potential Value of Design Patents

A jury awarded Apple more than $1 billion in damages after finding that smartphones sold by Samsung diluted Apple's trade dress and infringed Apple's design and utility patents. After a partial retrial limited to determining...more

Intellectual Property Alert: Apple v. Samsung: The Federal Circuit Clarifies Design Patent Principles Law

In a much anticipated opinion issued by the U.S. Court of Appeals for the Federal Circuit in Apple v. Samsung on May 18, the design patent law with respect to remedies and the infringement test remains robust. Notably, and...more

Ninth Circuit En Banc Reverses Injunction Against YouTube Display of “Innocence of Muslims”

In Garcia v. Google, No. 12-57302 (9th Cir. May 18, 2015), the en banc Ninth Circuit reversed a prior panel decision and held that an actress was not entitled to a preliminary injunction removing all copies of a film from...more

Locke Lord QuickStudy: Ninth Circuit Reverses Takedown of Controversial Trailer from YouTube

After an en banc review, the Ninth Circuit reversed a preliminary injunction against YouTube requiring the takedown of the controversial trailer of the film “Innocence of Muslims.” The preliminary injunction was granted by a...more

Garcia v. Google: Ninth Circuit En Banc Denies Actor’s Copyright Claim In Her Performance

This blog previously discussed the Ninth Circuit Court of Appeals opinion in Garcia v. Google, Inc., (9th Cir. 2014) 766 F.3d 929, reversing a decision of the district court. On Monday, the Ninth Circuit, en banc, in Garcia...more

I Didn’t Say That – The Ability of Actors to Control Their Performances Under Canadian Copyright Law

When the United States Ninth Circuit Court of Appeals issued its 2014 opinion in Garcia v Google, its tentative conclusion that actors might enjoy copyright protection in their on-screen performances was met with vociferous...more

Fatwas & the First Amendment: 9th Circuit Reverses Takedown Order of Video that Preceded Benghazi & Cairo Protests

A young actress agreed to appear in a low-budget, Middle Eastern themed action film. The producer re-cut and over-dubbed the video, which included five seconds of the actress’ performance, fashioning it into “Innocence of...more

Full Ninth Circuit Nixes Controversial Copyright Decision

On Monday, May 18, 2015, the Ninth Circuit, sitting en banc, overturned a highly-controversial opinion in Garcia v. Google, Inc., in which a three-judge panel of the Ninth Circuit reversed the trial court and held that an...more

Goodwill Hunting – NOW it’s over

Introduction - On 13 May, the Supreme Court handed down judgment in Starbucks (HK) Limited and another (Appellants) v British Sky Broadcasting Group PLC and others (Respondents) [2015] UKSC 31. The case is significant...more

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

First Look at False Marking Under the AIA

In Sukumar v. Nautilus, Inc., the Federal Circuit took its first look at the standing requirements to bring a false marking case under the American Invents Act (AIA). The court rejected Nautilus’ arguments that only “market...more

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope....more

IP Newsflash - May 2015 #2

SUPREME COURT CASES - U.S. Supreme Court Remands Case to Federal Circuit to Review Patent Under Teva - On April 20, 2015, the U.S. Supreme Court remanded a case back to the U.S. Court of Appeal for the Federal...more

Live Streaming Apps Raise New/Old Copyright Concerns

Periscope (owned by Twitter) and Meerkat are two new “live streaming” apps which allow users to live stream videos from their phones. These applications could potentially change the way live sporting or music events are...more

Second Circuit Affirms Victory for Pandora On Music Streaming Rights

On May 6, 2015, in Pandora Media, Inc. v. American Society of Composers, Authors, and Publishers, the Second Circuit held that composers and music publishers cannot partially withdraw from the American Society of Composers,...more

Is the Skype Falling?

An interesting battle ground may be brewing in light of the United States Supreme Court’s recent ruling in the B&B Hardware case which Duetsblog authors have previously commented on extensively. Now that the Court has...more

Notice of an Order Intending Final Judgment, Even If Erroneous, Triggers Appeal - Two-Way Media, LLC v. AT&T Inc.

Addressing the requirements for extending and reopening the time to appeal under Fed. R. App. Pro. 4(a), the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s denial to either extend or reopen the time...more

Employer Can Proceed With Breach Of Noncompete And Trade Secrets Claims Against Former Employee Who Refused To Relinquish Control...

Recently, an Illinois federal district court denied in part an employee’s motion to dismiss various claims asserted by his former employer, allowing the employer to proceed with its claims for breach of a non-compete...more

False Advertising By Ad Agencies: No Easy Dismissals

On April 20, 2015, in Nestle Purina Petcare Company v. The Blue Buffalo Company, Ltd., the Eastern District of Missouri denied a motion to dismiss claims for false and misleading advertising brought against the advertising...more

Quebec Court of Appeal Confirms Right to Use Non-French Trade-marks on Storefront Signs without Generic French Terms

The Court of Appeal of Quebec reaffirmed that the Charter of the French Language (Charter) does not require a trade-mark used on a storefront sign to be accompanied by a generic French term. This judgment confirms the...more

A Scandalous Mark to Some, Free Speech to Others: Federal Circuit to Decide Whether Controversial Limit on Trademark Registrations...

The Federal Circuit has decided to revisit the constitutionality of Section 2(a) of the Lanham Act in the case of In re Shiao Tam, 2015 U.S. App. LEXIS 6840 (Fed. Cir. Apr. 27, 2015). Section 2(a) of the Lanham act allows the...more

Digital Music Provider Grooveshark Dismantled in Major Victory for Music Recording Industry

On April 30, 2015, digital music provider Grooveshark—owned by Escape Media Group, Inc. ("Escape")—agreed to permanently shut down its controversial music streaming website following several years of litigation with major...more

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