What Damages Can I Recover If My Copyright Is Infringed Upon?
On 26 March 2015, the Department for Culture, Media and Sport (DCMS) published a consultation paper titled "The balance of payments between television platforms and public service broadcasters – options for deregulation" (the...more
District Court allows screenwriter’s suit alleging feature film The Purge was based on his screenplay, Settler’s Day, to proceed, denying defendants’ anti-SLAPP motion because acts supporting plaintiff’s implied contract...more
Startups are justifiably focused on developing the next big idea, getting that idea to market and ensuring the company has enough financial runway to make it all happen. Missteps in protecting the startup’s intellectual...more
One aspect commonly associated with building and maintaining a business is the company website. Establishing an online presence can be an important tool for connecting with customers. While website creation can be a...more
Jockeying for Dollars: Kentucky Downs Faces Two Lawsuits over Betting Machines -
And they're off ... to the United States District Court for the Western District of Kentucky. One of the country's premier racetracks,...more
This week, after a string of wins, two members of the classic rock group the Turtles suffered a setback in their lawsuit against satellite radio provider, SiriusXM (Flo & Eddie Inc. v. Sirius XM Radio Inc.)....more
Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech -
Why it matters: In a closely watched case that tests the limits of copyright protection,...more
So you have a photograph which you purchased some years ago of a beautiful early morning harbor view. This photo would be perfect as a wall display in your commercial real estate office on the waterfront. You have an...more
Fourth Circuit vacates district court dismissal of copyright infringement claim against defendants Usher and Justin Bieber, finding that choruses in songs were sufficiently similar to withstand motion to dismiss, as...more
On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production...more
Richard Prince is either on the very edge of fair use or is engaging in blatant copyright infringement. Unlike most however, Prince has been down this road before; accused of infringement and a defense based entirely on fair...more
Compared to other countries, Germany lags behind when it comes to free Wi-Fi spots. A recent study conducted by the Association of the German Internet Industry has shown that of around one million public hotspots in Germany...more
Nedschroef Detroit Corp. v. Bemas Ents. LLC, Case No. 14-10095, 2015 WL 2453511 (E.D. Mich. May 22, 2015).
U.S. District Judge Linda V. Parker granted summary judgment in favor of plaintiff Nedschroef Detroit Corp...more
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
In the District of Connecticut, an out of state publisher with no alleged direct contacts with Connecticut recently lost its bid to have a case against it dismissed for lack of personal jurisdiction.
Gerald Brittle sued...more
Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related...more
The Ministry of Economy, Trade and Industry of Japan (METI) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (Guidelines), which apply to all online business operations in...more
Do your employees understand the importance of intellectual property (IP) to your company and steps that they should be taking to protect it? Do they recognize that exposing proprietary information, such as product...more
Legislation and Regulation -
What are the principal statutes regulating advertising generally?
The principal federal statute regulating advertising in Canada is the Competition Act, which is a law of general...more
Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district court’s dismissal of several state-law tort claims because the claims are...more
Addressing the copyrightability of a laminate flooring design depicting maple planks, the U.S. Court of Appeals for the 11th Circuit held that the design was copyright eligible and reversed the district court’s grant of...more
Addressing issues of trademark validity and substantial similarity in a copyright infringement claim, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment that the challenged...more
On May 31, 2014, members of the band Led Zeppelin and its publishers were sued for copyright infringement by Randy California, the former guitarist and front man of the band Spirit. The lawsuit, filed in the State of...more
Second Circuit affirms denial of defendant’s request for attorneys’ fees in copyright infringement dispute, finding plaintiff pursued objectively reasonable litigation position, having previously prevailed in both district...more
In This Issue:
- After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation?
- When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more
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