Copyright Infringement

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Consider Design Patents as One Mode of Protection for Product Appearance

In the world of industrial design and branding, the appearance or look and feel of a product can be subject to various forms of intellectual property (IP) protection. Copyrights and trademarks usually come to mind when...more

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

American Broadcasting Companies, Inc., Et Al., v. Aereo, Inc., F/K/A Bamboom Labs, Inc.

Brief Of Dish Network L.L.C. And Echostar Technologies L.L.C. As Amici Curiae In Support Of Respondent (April 2, 2014)

INTEREST OF AMICI CURIAE - This amicus curiae brief is filed on behalf of DISH Network L.L.C. (“DISH”) and EchoStar Technologies L.L.C. (“EchoStar”). Since its founding in the early 1980s, DISH has reinvented the...more

"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA

As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting technological innovation,...more

Highlights of Digital Millennium Copyright Act Congressional Hearings

On March 13, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings regarding the copyright infringement notice...more

Five Tips for Film Distributors and Other Licensees

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

Business Litigation Reporter - March 2014

In This Issue: Main Article: ..Russia’s Recently Enacted Anti-Bribery Laws Noted With Interest: ..Are Courtroom Technology Costs Reasonably Necessary To The Conduct Of Litigation In California...more

Complaint Asserts Copyright Infringement over Hardwood Floor Pattern on Vinyl Wallcovering

U.S. Vinyl Manufacturing Corporation (“USV”) initiated an action for copyright infringement on March 12, 2014, against Colour & Design, Inc. (“Colour”), National Wallcovering, Inc. (“Wallcovering”), Larry and Michael Bixler...more

Old World Christmas Seeks to Protect Alpine Skier Nutcracker

O.W.A., Inc., d/b/a Old World Christmas (“OWA”) brought this action for copyright infringement against Gump’s Corp. and KWO of North America, Inc. (“Gump” and “KWO” – collectively “Defendants), on March 7 2014....more

The DMCA: Seeking Safe Harbor in a Sea of Troubles

Détente can be a beautiful thing. However, as demonstrated by the recent settlement agreement between Mega-media giants Google and Viacom, achieving it can be very expensive. In 2007, Viacom filed suit against YouTube...more

Notice and take down, at last!

After a long debate and various consultations, today the Regulation on Online Copyright Protection issued by the Italian Communications Authority (AGCOM) will come into force! ...more

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims...

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims of All Time”? In April 2012, we reported on four copyright lawsuits filed by the American...more

Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Co. - USCA Ninth Circuit, March 18, 2014

Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Co. - USCA Ninth Circuit, March 18, 2014: Ninth Circuit holds that copyright registration of database of stock photography successfully registered component...more

District Court Allows Claims to Proceed Against Ripoffreport.com For Copyright Infringement And “Unfair or Deceptive” Acts In...

We previously reported on the unique cyber dilemma faced by Richard Goren, a Massachusetts attorney. Back in 2012, a disgruntled former client of Goren’s logged onto the consumer review site, and posted an outlandish – and...more

EXCELLENT Political Ad Removed For Copyright Infringement

Illinois Governor Pat Quinn’s reelection campaign appears to be based on a simple message: “Do you want C. Montgomery Burns Representing You in Springfield?” Yes, he means that C. Montgomery Burns. Yesterday, Quinn began a...more

Online Product Management Beyond DMCA Safe Harbor

The Digital Millennium Copyright Act (DMCA) was in large part designed to help content providers prevent copyright infringement on the Internet. Nonetheless, a countervailing concernt is firmly embedded into its text. In...more

The Garcia v. Google Controversy and What It Means for Content Owners and Users

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

Dhillon v. Doe

Dhillon v. Doe - USDC N.D. California, February 25, 2014: Plaintiff, an attorney and the vice chairperson of the California Republican Party, brought suit against MungerGames.net, a website critical of the California...more

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014

Gardner v. CafePress, Inc. - USDC S.D. California, February 26, 2014 : Defendant CafePress operates a website that allows users to upload images for printing on products that others can purchase, such as T-shirts....more

International Breach of Copyright

Copyright in Canada is a function of the Copyright Act - without that law, there would be no copyright. How does Canadian copyright law interact with the copyright law in other countries? In Active Operations...more

Intellectual Property Infringement on the Internet: What Court to Call?

The internet does not know any national borders; website content can be viewed from anywhere in the world. This raises the question of what court has jurisdiction when the content of a website infringes on intellectual...more

Are You There, Copyright Office? It’s Me, First Circuit! Can Composers Deposit Infringing Musical Works In Place of The Original?

Copyright law usually has little patience for plaintiffs who don’t have a copy of their original work to deposit with the Copyright Office. For example, in Seiler v. Lucasfilm, a plaintiff who claimed to have created the...more

Three Point Shot, March 2014

D'oh! Simpsons Voice Actor Scores Big Win in Baseball Character Suit Popcorn, peanuts, character and voice rights in one jam-packed action for declaratory relief! Thank you for joining us on this sunny day at...more

Fox News Reports Copyright “Attack on Christians” – The Fair and Balanced Use Defense

Fox news recently reported on a dispute between Gulfport, Mississippi resident Kelly Taylor and her local Walgreens pharmacy. Ms. Taylor, using Walgreens’ online photo service, attempted to print out a few pages of the Bible...more

“Munger Games” Political Copyright Case Fails to Survive Summary Judgment on Fair Use

On February 26, 2014, the Northern District of California issued its opinion in Dhillon v. Does 1-10. Judge Susan Illston held that the use of a political campaign photograph by one’s political enemies is fair use....more

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