Intellectual Property Communications & Media Civil Remedies

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Georgia Becomes the First State to Mount a Direct Challenge Against Unauthorized Publishing of Annotated Code

In what has already become news in the copyright community nationwide, the State of Georgia has launched a legal campaign against Public.Resource.org, Inc., a California non-profit corporation that dedicates itself to...more

Federal Circuit Amgen Case Clarifies Important Aspects of the Biologics Price Competition and Innovation Act

On July 21, 2015, the U.S. Court of Appeals for the Federal Circuit issued its holding in Amgen Inc. v. Sandoz Inc., 2015-1499 (Fed. Cir. 2015). The Federal Circuit's decision is the latest development in the long-running...more

Redskins Trademark Decision

On July 8, 2015, a Virginia District Court ordered the cancellation of six NFL Redskins trademark registrations, under a Lanham Act prohibition against registering marks that “may disparage” a referenced class at the time of...more

Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

Updates to Russia's anti-piracy law expand the scope and reach

As of 1 May 2015 Russia has adapted its new "Anti-Piracy" laws in order to more effectively combat the scourge of online piracy. How it Works - The law was initially enacted in 2013, and provides the owners of...more

Chinese Court Stuns New Balance with $16 Million Verdict: Lessons on Doing Business in China

On April 24, 2015, Guangzhou Municipal Intermediate People’s Court in south China’s Guangdong Province stunned Xinbailun Trade (China) Co., the local sales company for the well-known U.S. sports brand New Balance, with a $16...more

Design Patent Case Digest: Apple Inc. v. Samsung Electronics Co., Ltd.

Decision Date: May 18, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D593,087; D604,305; D618,677 - Holding: Judgment of trade dress dilution REVERSED; judgment of patent validity and...more

Garcia v. Google Inc. - USCA, Ninth Circuit, May 18, 2015

Ninth Circuit sitting en banc reverses 2-1 panel decision that required Google to remove anti-Islam video from YouTube based on actor’s claim of copyright in her five-second appearance, holding that “a weak copyright claim...more

Apple v. Samsung: Trade Dress Functionality and Total Profits without Apportionment

The highly publicized Apple v. Samsung litigation saga began in April 2011 when Samsung alleged various infringements of patents and trade dress related to Apple’s iPhone. A jury awarded more than $1 billion in damages. In a...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

Fourth Circuit Cleans Up Damages Award in Paper Towel Dispute and Sets Standard for the Award of Fees in Trademark Cases

In Georgia-Pac. Consumer Products LP v. von Drehle Corp., ___ F.3d ___, 2015 WL 1404765 (4th Cir. Mar. 30, 2015), as amended (Apr. 15, 2015), the Fourth Circuit reversed a damages award and clarified the standard for damages...more

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

Status Updates - April 2015 #5

Photo negative. Daniel Morel, the photojournalist who was awarded $1.2 million in damages from news agencies that distributed his iconic Haiti earthquake pictures without his permission after he posted those pictures on...more

Even In The UK, Think Twice Before Using Celebrity Endorsements

A recent legal case in the UK between singer Rhianna and fashion retailer Topshop has highlighted differences between publicity rights in the UK and some US jurisdictions. Rhianna sued Topshop for its sale of a t-shirt...more

A New Weapon to Combat Cybersquatting: File Suit against Domain Registrars and Hosting Companies

Cybersquatting, under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a...more

Bob Marley’s Heirs Lanham Act Win Upheld - Fifty-Six Hope Road Music v. A.V.E.L.A., Inc.

Addressing the issue of when the use of a celebrity’s likeness or persona in connection with a product constitutes a false endorsement that is actionable under the Lanham Act, the U.S. Court of Appeals for the Ninth Circuit...more

Don't Underestimate the Importance of TTAB Proceedings

A recent U.S. Supreme Court decision, B&B Hardware, Inc. v. Hargis Industries, Inc., heightens the importance of often-neglected trademark conflict administrative proceedings in the Trademark Trial and Appeal Board....more

Court Rules On Post-Trial Motions Following Willful Infringement Verdict

Stark, C.J. Plaintiff’s motion for attorneys’ fees is denied. Defendant’s motion for JMOL is granted in part and denied in part. Plaintiff’s motion to alter or amend judgment is granted in part and denied in part. Argument...more

Media Companies Snipe at Potential Expansion of Defamation Risk in Ventura v. Kyle

“A Navy SEAL and a professional wrestler walk into a bar and begin to argue politics …” sounds like the beginning of a pretty good bar fight story. The story only gets more promising when you learn that the SEAL was the...more

IP Newsflash - April 2015

DISTRICT COURT CASES - Patent Directed to Online Auction Held Invalid Under § 101 - A district court recently granted a defendant’s motion for judgment on the pleadings, holding that a patent directed to an...more

The CJEU tells us “More” on live broadcasting

An interesting ruling on live streaming of sports events has been issued by the Court of Justice of the EU (CJEU) in the C More Entertainment AB v Linus Sandberg case on 26 March 2015 (C-279/13). ...more

Supreme Court Holds That TTAB Rulings Can Have Preclusive Effect in Court

On Tuesday, the Supreme Court issued its decision in B&B Hardware v. Hargis Industries, ruling that decisions of the Trademark Trial and Appeal Board (TTAB) on “likelihood of confusion” in trademark opposition proceedings can...more

Supreme Court: An Administrative Ruling on Confusion Can Be the Last Word in Trademark Litigation

Trademark disputes often focus on whether two marks create a “likelihood of confusion” with one another. That issue can come up before a court considering trademark infringement; before the Trademark Trial and Appeal Board...more

Supreme Court Seals Tight a TTAB Decision

In a recent case that will raise the stakes for companies involved in contentious administrative trademark proceedings, the U.S. Supreme Court held that the administrative tribunal, the Trademark Trial and Appeal Board...more

The Pirate Bay blocked in Portugal

A recent Intellectual Property Court decision in Portugal determined that the main telecommunications operators have until the end of March to block the access of its users to The Pirate Bay domains, either through its main...more

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