Do I need permission to use images from Google on my website?
Beastie Boys Sue; Law Prof's 'Head Spins'
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
What should my company be aware of when launching a new website?
Due Diligence in Mergers, Acquisitions, and Corporate Transactions
ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin
Copyright Matters – Interview with Andrew Skale, Member, Mintz Levin
What Damages Can I Recover If My Copyright Is Infringed Upon?
William Faulkner v. Woody Allen: Copyright Fight
Instapundit: America's IP Laws Need to be "Pruned Back"
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Harlem Shake's Copyright Issues
Why Did Godzilla & James Bond Need Congress' Protection?
Weekly Brief: Rakoff Orders Gupta To Pay Goldman Sachs' Legal Fees
New Happy Birthday Song, Copyright-Free
Worst Case Scenarios for Alleged Copyright Infringers
The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons
Registering Trademarks & Copyrights with U.S. Customs
Legal Trends: Where is the action in copyright law today?
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
US law provides copyright owners with a bundle of rights to protect their original works, including the exclusive right to publicly perform the copyrighted work. The question of what constitutes a public performance has...more
The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more
First Sale Doctrine -
Under the Copyright Act, the exclusive right of a copyright owner “to distribute copies . . . of [a] copyrighted work,” 17 U.S.C. § 106(3) is limited, in part, by the “first sale” doctrine. The...more
BETTING AND GAMING -
US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by industry websites to...more
On January 21, 2014, oral arguments were held in the Supreme Court case of Petrella v. Metro-Goldwyn-Mayer, Inc., which concerned the copyright to the story underlying the film Raging Bull. We previously discussed this case...more
With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year,...more
With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...more
Aereo, a New York-based startup technology company financed by Barry Diller, utilizes warehouses full of tiny antennas to capture over-the-air television and then retransmit it over the Internet to its subscribers’ digital...more
Jan. 22, 2014 — In an energetic oral argument on Jan. 21 that would have made first-year law students cringe, the Supreme Court debated the proper role of laches as a defense against the backdrops of statutory language versus...more
Let’s say you pitch a story idea to a TV production company - and not just an idea, but a complete set of storyboards, characters and scripts. You would be surprised if one day you saw that story idea come to life in a TV...more
The Supreme Court recently addressed the approach to assessment of copyright infringement in the case of Cinar Corporation v Robinson, 2013 SCC 73, and thereby provided some important guidance to courts facing similar...more
CASES TO WATCH -
Petrella v. Metro-Goldwyn-Mayer Inc.
Copyright: Status: cert. granted
Issue: Is the equitable defense of laches available in a copyright claim filed within the Copyright Act’s three-year...more
Sports and Hollywood have long been inextricably linked – many athletes want to be and even become actors, countless actors have lived out their athletic fantasies on the silver screen, and it is no secret that athletes and...more
After the Second Circuit ruling in Cariou v. Prince, which we wrote about on this blog here, photographer Patrick Cariou felt that the decision was too subjective, calling it an “I know it when I see it” approach for...more
More than a century ago, Justice Oliver Wendell Holmes warned that it would be dangerous for people trained only in the law to decide the worth of a work of art—at least outside of the narrowest and most obvious limits. As...more
Enactment of the America Invents Act was the biggest patent news of 2011, but its most comprehensive provisions were implemented September 16, 2012, and March 16, 2013. For example, one of its biggest...more
At some point, a legal claim is just so old and stale that it’s unfair to allow the plaintiff to bring it. The statute of limitations and the doctrine of laches are two different solutions to this same problem. The former...more
In 1980, Robert De Niro starred in an Oscar-winning boxing movie, “Raging Bull.” A suit has been brought by Paula Petrella, whose father, Frank P. Petrella, wrote the book and screenplay for the movie. Frank Petrella and his...more
Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. -
Addressing a preliminary injunction filed by a defendant in a...more
The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive...more
In This Issue:
- IPT INSIGHTS
- INTELLECTUAL PROPERTY AND SPORT – A WINNING COMBINATION...
- THE CJEU GOES TO THE MOVIES: REFLECTIONS ON FILM COPYRIGHT FROM AUSTRIA, THE NETHERLANDS AND THE UK
In This Issue:
..“Gray-Market” Goods Now Less Gray
Practice Area Notes:
..Trial Practice Update
..Structured Finance Litigation Update
..Russia Litigation Update
Companies selling goods internationally frequently seek to maximize their profits by charging different prices in different countries in response to national market conditions. Often, goods sold in the United States can be...more
On March 19, 2013, in a decision eagerly awaited by the entertainment bar,1 the United States Supreme Court, in Kirtsaeng v. John Wiley & Sons, ruled that, under the First Sale Doctrine, a person who buys lawfully made...more
In a much anticipated case, the U.S. Supreme Court ruled on March 19, 2013 in Kirtsaeng v. John Wiley & Sons that the “first sale” or “exhaustion” doctrine of U.S. Copyright law, which allows resale of copyrighted materials,...more
Back to Top