News & Analysis as of

Copyright Petition for Writ of Certiorari

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Womble Bond Dickinson

U.S. Supreme Court Alert: If you copy an unpatented furniture design, does that help prove that the design was iconic and...

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Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more

McDermott Will & Emery

2023 IP Outlook: Trademark and Copyright Supreme Court Update

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Three interesting intellectual property cases are on the Supreme Court of the United States’ docket in 2023. The Supreme Court’s opinions in these cases could have significant implications for trademark and copyright disputes...more

Greenberg Glusker LLP

With Warhol, It’s Time to Transform Transformative Use

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Over the past quarter-century, transformative use has become shorthand for fair use itself. The Warhol case gives the Supreme Court an opportunity to provide balance and flexibility to the doctrine. When I first heard...more

Bilzin Sumberg

The Sincerest Form of Flattery (Not)

Bilzin Sumberg on

In a somewhat shocking decision handed down in March 2021, the Second Circuit ruled against the Andy Warhol Foundation for Visual Arts in a copyright infringement suit brought by a photographer whose photos of Prince Andy...more

Bracewell LLP

Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split

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The U.S. Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a “transformative” fair use of the copyrighted Lynn Goldsmith photograph that Warhol used...more

International Lawyers Network

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity,...

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more

Mintz - Intellectual Property Viewpoints

Supreme Court to Consider When Inaccurate Information in a Copyright Registration Affects its Validity in Unicolors v. H&M

After five years of litigation, the battle between Unicolors, a California-based fabric design company, and H&M is still going strong. Now the United States Supreme Court has agreed to decide whether an inaccuracy in...more

McDermott Will & Emery

Supreme Court to Consider Fraudulent Intent in Copyright Registration

The Supreme Court of the United States agreed to consider whether a copyright registration accurately reflecting a work can nevertheless be invalidated without fraudulent intent. Unicolors Inc. v. H&M Hennes & Mauritz LP,...more

Dunlap Bennett & Ludwig PLLC

Disney vs Denise Daniels: Supreme Court Asked to Review Copyrights for Characters

In March, the 9th Circuit Court of Appeals rejected a copyright lawsuit that alleged Pixar’s 2015 film “Inside Out” was based on Denise Daniels, a child development expert, who had pitched her idea to Walt Disney Co... ...more

Manatt, Phelps & Phillips, LLP

5Pointz Owner Seeks SCOTUS Review of VARA

G&M Realty (G&M), the owner of the famous New York City graffiti space known as 5Pointz, asked the Supreme Court to strike down as unconstitutional the Visual Artists Rights Act (VARA), a federal copyright law that provides...more

Fox Rothschild LLP

5Pointz Graffiti Art Case Affords SCOTUS The Opportunity To Interpret Rarely Tested Copyright Law

Fox Rothschild LLP on

On Monday, G&M Realty, a real estate development company, asked the U.S. Supreme Court to reverse a $6.75 million damages award that the U.S. District Court for the Eastern District of New York entered in favor of a group of...more

Miller Canfield

IP Litigation Quarterly Update

Miller Canfield on

Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law. In this first edition covering the first quarter of 2020, the...more

McDermott Will & Emery

Supreme Court to Address Whether Copyright Protection Available for Annotated State Code

McDermott Will & Emery on

The Supreme Court of the United States granted the State of Georgia’s request to address whether it can claim copyright ownership over annotations made to its official legal code. State of Georgia, et al. v....more

Womble Bond Dickinson

Who Owns the Law? Supreme Court to Decide if State Governments Can Copyright Legal Texts

Womble Bond Dickinson on

It is long established that “ignorance of the law is no excuse,” but what if that ignorance is born out of restricted access to the law? If the full extent of the law can be revealed only by paying subscription fees, is it...more

Akerman LLP - Marks, Works & Secrets

Supreme Court to Rule on Copyright Protection of State Annotated Legal Codes

On June 24, 2019, the U.S. Supreme Court granted certiorari to decide whether states can claim copyright protection in annotated codes. State of Georgia v. Public.Resource.Org, Inc., No. 18-1150. ...more

Carlton Fields

Supreme Court Resolves Circuit Court Split: Copyright Registration Is a Prerequisite to a Copyright Infringement Suit

Carlton Fields on

The Supreme Court has spoken, and it’s official: Copyright infringement claims can only be brought after the copyright in question has been registered in the U.S. Copyright Office....more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Robins Kaplan LLP

ReDigi Wants a Re-Do at the High Court

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ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2019

Fenwick & West LLP on

Avoiding the Top 5 Potholes for Autonomous Transportation Startups - Autonomous transportation technology was widespread at the 2019 Consumer Electronics Show. Advances in object identification, mapping, machine learning,...more

Latham & Watkins LLP

Supreme Court Blocks Copyright Infringement Claims Until Actual Registration Issues

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Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC has important implications for copyright owners who file infringement suits, including authors of literary, musical, and dramatic works. Key Points: ..The...more

Jones Day

Registration Required: Supreme Court Resolves Circuit Split Over Requirements for Copyright Action

Jones Day on

A unanimous U.S. Supreme Court rules that copyright owners must have a copyright registration before pursuing infringement claims in court. Resolving a circuit split and a question facing any copyright owner wishing to...more

Morrison & Foerster LLP

What Does The Recent Copyright Registration Ruling Mean For Your Business?

In Fourth Estate Public Benefit Corp. v. Wall-Street.com, the Supreme Court resolved a longstanding circuit split by unanimously holding a copyright owner of a United States work may not file an infringement lawsuit until...more

Miller & Martin PLLC

Supreme Court Clarifies Copyright Act’s Registration Requirement

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On March 4th, the Supreme Court held that a potential copyright plaintiff must wait until the Copyright Office “has registered a copyright after examining a properly filed application” before suing for copyright infringement....more

Katten Muchin Rosenman LLP

Supreme Court Confirms Registration is Prerequisite to Claim for Infringement

On March 4, the US Supreme Court resolved a circuit split and held that, with limited statutory exceptions, the issuance of a registration from the Copyright Office is a prerequisite to filing a claim for infringement. See...more

Bradley Arant Boult Cummings LLP

The U.S. Supreme Court Issues Two Recent Copyright Decisions - Intellectual Property News

On a busy Monday for copyright law that saw everything from the return of RBG to discursions about hot dogs at sporting events, the Supreme Court issued two unanimous opinions concerning requirements for filing copyright...more

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