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Copyright Infringement Young Lawyers

Fox Rothschild LLP

Should My Cease-And-Desist Letter Be Funny?

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Chances are you have seen rumblings of creative, even (dare I say) funny cease-and-desist letters, particularly those aimed towards trademark or copyright infringement, popping up in the news. You know the ones: an actor...more

Ladas & Parry LLP

It’s 2018: The Impact Of IP Decisions From 2017

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2017 saw a bumper crop of Supreme Court decisions on intellectual property matters around the world including eight by the United States Supreme Court, two by the Canadian Supreme Court, and two by the United Kingdom Supreme...more

Hogan Lovells

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

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China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully...more

Dorsey & Whitney LLP

Fair Use on The Loose For The Great Dr. Seuss!

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You may remember, you may recall, A certain infringement suit filed last fall. It was filed by the heirs of the great Dr. Seuss, And now they’ve run smack dab into the doctrine of fair use....more

Fox Rothschild LLP

No Laughing Matter – O’Brien Forced To Stand Trial In Stolen Jokes Lawsuit

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TBS comedian and late-night talk show host Conan O’Brien was given good reason to frown Monday when a federal judge denied summary judgment as to three of the five jokes comedy writer Alex Kaseberg claims O’Brien and his...more

Sullivan & Worcester

"Fearless Girl" Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear

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The sudden appearance near Wall Street on March 8, 2017 of The Fearless Girl, a bronze life-sized depiction of a roughly ten-year old girl staring defiantly at the famous Charging Bull sculpture has prompted headlines...more

Smart & Biggar

Canadian IP law and practice in 2016: reviewing the highlights

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As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Weintraub Tobin

“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

Weintraub Tobin on

A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with...more

Weintraub Tobin

Phasers Set to Stun – Star Trek and Fan Film Producers Trade Copyright Shots

Weintraub Tobin on

Fan films and fan fiction ordinarily don’t end up being the subject of a federal court lawsuit. Most fan fiction are creative expressions reflecting adoration of a series, film or character and the majority of copyright...more

McDermott Will & Emery

Iron Man Composer Battles Tech Giant Sony and Ghostface Killah

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The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as to whether the song was commissioned as a work for hire. Jack Urbont v. Sony...more

Foley Hoag LLP - Making Your Mark

Hot News, Shredded Wheat and Wool Underwear: Brandeis On Copyright And Trademark

October 9 marks the 100th anniversary of Louis Brandeis’ first session as a justice of the Supreme Court of the United States (October 9, 1916 was the second Monday in October – in 1917, the Court began meeting on the first...more

Foley Hoag LLP - Making Your Mark

District Court Denies Motion To Dismiss In Popcorn App Copyright Fight

This summer, the competition for popcorn popping mobile apps heated up as the creators of “Perfect Popcorn” and “iMunchies” battled over copyright infringement claims. On July 18, 2016, a judge in the Northern District of...more

Dorsey & Whitney LLP

EU Court Holds That Hyperlinks Can Infringe Copyright

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In a landmark decision that departs from previous case law, the Court of Justice of the EU, the highest court of the EU, held that a website operator that posts hyperlinks to another site that contains copyright materials...more

Dorsey & Whitney LLP

All That Glitters is Not Gold For Led Zeppelin’s Claim For Attorneys’ Fees

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Legendary rockers Jimmy Page and Robert Plant are probably still flying high over their defense verdict earlier this summer in the “Stairway to Heaven” copyright infringement trial. They may be slightly coming down, though,...more

Foley Hoag LLP - Making Your Mark

Harry Potter And The Cursed Legal Update

It has been about a year since we published Harry Potter Lawsuits and Where to Find Them, my attempt at a comprehensive review of Harry Potter-related litigation. Why update the article now? Two reasons. First: The...more

Foley Hoag LLP - Making Your Mark

The Pleads Of The Many: 50 Years of Star Trek Lawsuits

This year marks the fiftieth anniversary of the premiere of the original series of Star Trek, which first aired on NBC in September 1966. On July 22, this milestone will be marked in earnest when Paramount Pictures releases...more

Dorsey & Whitney LLP

Originality in Remastering: CBS Secures Victory in War Over Rights to Play Oldies

Dorsey & Whitney LLP on

CBS recently secured a potential landmark victory that could benefit radio stations, streaming services, and satellite radio providers—many of whom have been mired in litigation for years with owners of sound recordings of...more

Ladas & Parry LLP

California District Court Puts Baby In A Corner

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In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more

Foley Hoag LLP - Making Your Mark

Jimi Hendrix Portrait Denied Copyright Protection For Lack of Originality

France is often presented as a country which is quite protective of IP owners, especially in the field of trademarks and copyright.? However, a recent decision rendered by the Paris District Court in relation to a portrait of...more

Weintraub Tobin

Tattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding of Applicability of Statutory Damages

Weintraub Tobin on

This isn’t just another tattoo-copyright infringement case. This case raises an important lesson for all copyright claimants. The backstory: Solid Oak is a licensing firm that represents the go to tattoo artists for...more

Davis Wright Tremaine LLP

Copyright’s “Double Spend” Problem: Digital First Sales

For those interested in the evolution of digital currencies, I highly recommend Steven Levy’s “E-Money (It’s What I Want)” article from Wired way back in December 1994. It’s a great read, and presages many current...more

BakerHostetler

“And if You Listen Very Hard” . . . Zeppelin Going to [Trial in] California

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Central District of California Judge Gary Klausner ruled the founders of rock band Led Zeppelin – and more particularly, front men Jimmy Page and Robert Plant – must face a jury trial to determine whether the band’s most...more

Foley Hoag LLP - Trademark, Copyright &...

Shakespeare and Copyright: 5 Things You Should Know

Last year, I made a terrible mistake. When I published Harry Potter Lawsuits and Where to Find Them on this blog, I pronounced that “Ms. Rowling and her works pop up in court more than any author since Charles Dickens.” I...more

Foley Hoag LLP - Trademark, Copyright &...

The First Circuit’s “Scungy” Backpage: Copyright And Right Of Publicity Claims Ineffective Against Sex Trafficking

In Doe v. Backpage.com, the First Circuit affirmed the District of Massachusetts in holding that Section 230 of the Communications Decency Act (CDA) shields from civil liability a website used by third parties to facilitate...more

Dorsey & Whitney LLP

Ninth Circuit Does a Two-Step in “Dancing Baby” Case

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While many were focused on “The Big Dance” on March 17, 2016, the 9th Circuit Court of Appeals did some “dancing” of its own. The Court issued a revised opinion in Lenz v. Universal and thereby amended what has been referred...more

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