Are websites legally responsible for content posted by their users?
Do I need permission to use images from Google on my website?
Patent Infringement Defense Leveraging Contested Proceedings
Implementing a Counterfeit Enforcement Program
Design Patents: New Implications from the Hague Agreement
Patent Litigation and the Proposed Innovation Act of 2013
Developing a Business Strategy that Deters Counterfeiters
Protecting Trade Secrets When Employees Depart
Polsinelli Podcast - Conducting Business in China
Are there going to be new generic top level domains available in the future?
Beastie Boys Sue; Law Prof's 'Head Spins'
Polsinelli Podcast - Generic Drugs to Market - What's the Climate in 2014?
The Building Blocks of a Technology Deal
Emerging Strategies for Protecting Global IP Rights
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
Warranty vs. Indemnity
What should my company be aware of when launching a new website?
Demonstratives in Post-Grant Proceedings
Video: Claim Contruction in Post-Grant Proceedings
The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found.
A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more
Readers will recall that in 2012 the U.S. District Court struck down the California Resale Royalties Act, holding that the 1970s-era law violated the Commerce Clause of the U.S. Constitution....more
Further to the preliminary inquiry carried out by the Italian Communication Authority (Agcom) with operators holding a direct interest in the sale of media rights for the Italian football seasons (as discussed here),...more
Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014:
District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright...more
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
US law provides copyright owners with a bundle of rights to protect their original works, including the exclusive right to publicly perform the copyrighted work. The question of what constitutes a public performance has...more
My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more
Despite the industry maxim “where there’s a hit, there’s a writ” and the numerous plagiarism allegations made in the TV business, it is well known in the copyright world that the English courts have refused to recognise a...more
Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court of Appeals for the Seventh Circuit handed down its decision in Michael...more
As part of a concerted effort to assess the effectiveness of existing methods of licensing music, the US Copyright Office has published a request in the Federal Register for public comment on a number of copyright issues....more
SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs -
On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more
Deadmau5 (\’ded-mau's\; a.k.a. Joel Zimmerman) is a popular house music artist who performs wearing a mouse-like head covering called the mau5head. On Twitter he calls himself an “Event Driven Marketing specialist,” so I...more
Duffey v. Twentieth Century Fox Film Corp. - USDC S.D.N.Y., March 27, 2014 -
District court dismisses false endorsement and breach of contract suit brought by actor in film Office Space, finding that actor had...more
The United States Copyright Act does not discriminate between two or more joint infringers, even if one infringer is found to be more “blameworthy”. As a result, distributors of copyrighted works must take special care to...more
A recent decision from the US federal courts offers a timely reminder of the importance for producers of specifically spelling out that they are obtaining “merchandising” rights from all actors performing in their film or TV...more
As Torontonians know, we are in the midst of a mayoral election campaign; in all the excitement surrounding the candidate debates, it may have slipped into the rearview mirror that last month it was announced that the film...more
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 United States Copyright Office has announced the initiation of a study of the effectiveness of existing methods of music licensing. Three types of licenses were mentioned in the announcement: (1) compulsory licenses for...more
The good folks at Nova Scotia’s Artists’ Legal Information Society (ALIS) have published their free Legal Guide for Writers, a solid plain-English resource which will prove useful both for authors and their lawyers. Published...more
Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more
The lawsuit that we told you about regarding a dispute over the trademark rights to the use of TO KILL A MOCKINGBIRD continues. See link below. The defendant Monroe County Heritage Museum brought a motion to dismiss. The...more
What do Britney Spears, Jennifer Lopez, and Celine Dion all have in common? Until recently, their own unique perfumes produced by Givaudan Fragrances Corporation, the largest flavor and fragrance manufacturer in the world. ...more
Copyright law generates plenty of discussion these days, but few copyright decisions have been as controversial as the Ninth Circuit's recent opinion in Garcia v. Google. The court's ruling – that a film actor owns an...more
Both the intellectual property and creative communities are aghast at the recent decision from two of three judges of the United States Court of Appeals, Ninth Circuit. In Garcia v. Google, Inc., No. 12-57302, 2014 U.S. App....more
In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting performance in a short film for which the actress read from a script and was...more
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