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.
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
SCOTUS Takes "Grey Market" Goods Resale Case
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
In This Issue:
- It’s Always Something: The Repeated Assaults on Licensee Rights in Bankruptcy
- Clearance: Start Early and Avoid the Clutter
- New Faces
- Points from the President
In This Issue:
- I. U.S. Supreme Court
- A. Trademarks 3
- II. U.S. Courts of Appeal
- A. Patents
- B. Copyrights
- C. Copyrights/Criminal
- D. Trademarks
- E. Trademarks/Unfair Trade...more
The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more
Patents / Patent Eligible Subject Matter -
Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter --
AMP et al. v. Myriad Genetics, Inc.:
In a 9–0 decision the Supreme...more
In a recent 6-3 decision with potentially significant implications for the functionally analogous patent exhaustion doctrine, the Supreme Court held in Kirtsaeng v. John Wiley & Sons, Inc. that the first sale doctrine applies...more
The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of...more
Bowman v. Monsanto Co. -
Decided: 5/13/2013 -
Holding: (9-0) Patent rights are exhausted for only original seed sold.
Bowman, a farmer, purchased and planted Monsanto’s patented...more
Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. -
In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more
May 24 (Bloomberg Law) -- Under current intellectual property law, a consumer who unlocks his or her own cellphone can be convicted as a felon. Law professor and Instapundit founder Glenn Reynolds says such a scenario is...more
The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,” and the spin-off television...more
A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...more