(Podcast) The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The latest on: NFL Anti-Trust decision; Record Labels Sue Over Generative AI; Copyright Office clarifies Termination Rights, Royalties, Transfers, Disputes, and the MMA.
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson [PODCAST]
The Briefing: No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties
The Briefing: Not Terminated - Cher Still Entitled to Her Share of Music Royalties (Podcast)
SCOTUS and federal court rulings on TTAB decisions on granting trademarks and trademark renewals; Netflix settling an anticipated defamation case with a disclaimer and donation
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Your AI Compliance Playbook: Case Studies in Business & Legal Risk Management
The Briefing: Another Court Gets It Right in Tattoo Copyright Dispute
The Briefing: Paramount Splashes Top Gun Maverick Copyright Lawsuit
The Briefing: Brandy Melville Doubles Down Against Redbubble (Podcast)
The Briefing: Brandy Melville Doubles Down Against Redbubble
AI Update: ELVIS Act Passes, SAG-AFTRA Agree with Record Labels. FTC Non-compete Ban Analyzed By Gordon Firemark and Tamera Bennett.
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit (Podcast)
The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more
On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company....more
In a case that attracted a slew of amicus curiae participation and was the most recent in the series of American Society for Testing and Materials (ASTM) copyright cases, the US Court of Appeals for the District of Columbia...more
Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more
Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more
The US Court of Appeals for the Sixth Circuit affirmed a district court decision implementing a preliminary injunction and striking a new defense first asserted in an amended complaint as untimely and frivolous. ACT, Inc. v....more
The US Court of Appeals for the Third Circuit found that digital message formats and messages generated using those formats were not copyrightable and thus vacated a preliminary injunction against an alleged infringer...more
The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive...more
In 1965, Bob Dylan sang in Subterranean Homesick Blues that “you don’t need a weatherman to know which way the wind blows.” Thanks to a May 19 decision from the Ninth Circuit, we do not need a weatherman when it comes to the...more
The US Court of Appeals for the Second Circuit transferred an appeal of a preliminary injunction enjoining alleged copyright and trademark infringement to the US Court of Appeals for the Federal Circuit because the operative...more
High complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. These concerns have been...more
Spooky Stories of Useful Bananas, Judicial Intervention in the Candy Aisle, and the Urge to Run Away and Join the Halloween Circus - It’s the most wonderful time of the year! Whatever the intent of the original song, I...more
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more
Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more
The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more
Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more
In Silvertop Associates, Inc. v. Kangaroo Manufacturing, Inc., the Third Circuit applied the two-part test set forth in the Supreme Court’s decision in Star Athletica, L.L.C. v. Varsity Brands, Inc., and held that a full-body...more
After losing on its first attempt, the Walt Disney Company managed to turn the tables on Redbox to obtain a preliminary injunction against Redbox’s sale of movie download codes. The case arose out of Disney’s marketing of ...more
When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more
Redbox scored a win in its copyright dispute with Disney as a federal district court judge refused to award the studio a preliminary injunction against Redbox’s sale of digital download codes. Disney’s complaint was that...more
Redbox and Disney have filed their briefs in preparation for argument, scheduled for February 5, on Disney’s motion for a preliminary injunction against Redbox’s alleged copyright infringement. The judge’s ruling could make...more
In November of last year, a division of Walt Disney Company brought a lawsuit against Redbox. The Mouse now has kicked it up a notch by moving for a preliminary injunction....more
Earlier this month, in Cohen et al v. G&M Realty LP et al., a jury impaneled in the U.S. District Court for the Eastern District of New York found that a developer violated the Visual Artists Rights Act of 1990 (“VARA”) when...more
In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service. Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed...more
With the exponential growth of online gaming (particularly mobile gaming) in China, more and more western content providers are entering the Chinese gaming market and seeking to protect their businesses in China’s courts...more