News & Analysis as of

Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

How Many Pieces Of Flair Do You Have? Obtaining Merchandising Rights From Actors

A recent decision from the US federal courts offers a timely reminder of the importance for producers of specifically spelling out that they are obtaining “merchandising” rights from all actors performing in their film or TV...more

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims...

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims of All Time”? In April 2012, we reported on four copyright lawsuits filed by the American...more

ALIS – A Legal Guide For Writers

The good folks at Nova Scotia’s Artists’ Legal Information Society (ALIS) have published their free Legal Guide for Writers, a solid plain-English resource which will prove useful both for authors and their lawyers. Published...more

Intellectual Property Infringement on the Internet: What Court to Call?

The internet does not know any national borders; website content can be viewed from anywhere in the world. This raises the question of what court has jurisdiction when the content of a website infringes on intellectual...more

YouTube – Telecinco 2-0. And in Italy?

Liable or not liable… this is the recurring dilemma in many jurisdictions. Is Youtube (Google) liable for the infringing contents uploaded by Youtube users?...more

ADR and the Rising Tide of Copyright Litigation

Copyright disputes could soon outnumber patent infringement matters in the United States. This marks a significant shift, and stands poised to re-shape the IP litigation landscape....more

Watch Out for Trademark and Copyright Registration Scams!

The requirements for registering trademarks, copyrights and business names can sometimes be puzzling. A variety of new scams are targeting people unfamiliar with the process by demanding payment for registering or renewing...more

Defining Copyright Infringement

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

Shia LaBeouf and the Case for Copyright Infringement

Last week the story du jour in the zany world of entertainment law blogging was actor Shia LaBeouf’s foray into film-making with his short film HowardCantour.com. It is now internet gospel that Mr. LaBeouf’s film blatantly...more

Software Publishers Use Internet Posts to Aid in Infringement Claims

Software publishers and audit associations are reviewing web sites and on-line profiles in an effort to aid in copyright infringement enforcement. Representations made on web sites and professional networking profiles has at...more

Rhymin’ & Stealin’ & Filin’ Lawsuits

Last month, I wrote about the preemptive lawsuit filed by GoldieBlox, a toy retailer, against the Beastie Boys. GoldieBlox sought declaratory relief that their use of the Beastie Boys’ song “Girls” in a GoldieBlox...more

European IP Bulletin - Issue 106

Copyright - ..Court of Appeal Confirms High Court Decision and Finds no Copyright Infringement in Software With Same Functionality: In SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 (21 November...more

Supreme Court Corner: Q4 2013

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

You Gotta Fight For Your Right To Fair Use

If you’ve got a Facebook account, the following video has probably made an appearance or two (or twenty) in your status feed last month...more

Copyright Notice without Day and Month Insufficient to Establish Reference as Prior Art

In a concise decision, iOnRoad was able to get three challenged claims of a Mobileye Technologies patent into a trial for inter partes review in a case styled as iOnRoad, Ltd. v. Mobileye Techs., Ltd. (IPR2013-00227),...more

Top 5 Ediscovery Case Summaries - December 2013: Idaho: Court Orders Seizure of Hard Drive to Preserve Self-Identified Hacker’s...

Battelle Energy Alliance, LLC v. Southfork Sec., Inc., 2013 WL 5637747 (D. Idaho Oct. 15, 2013). In this copyright infringement case, the plaintiff sought an ex parte temporary restraining order forcing the defendants...more

Online streaming of free-to-air TV channels: Why the approach taken by the European Court of Justice and UK High Court in the...

While in the UK the law in relation to the live streaming of free-to-view television channels has been resolved, following the reference to the CJEU and the High Court decision in the TVCatchUp (TVC) litigation, in favour of...more

Three Point Shot

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

Google Prevails in the Latest Chapter of the Google Books Litigation

On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books — the project through which Google provides access to...more

Thankful I Didn’t Copy Images, Parody The Beastie Boys, Use Overbearing TOS Or Have To Stand Behind Thedirty

With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks. Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics - In...more

After Long Battle, Google Books Ruled “Fair Use”

When last we looked in on the Google Books dispute, the Second Circuit had overturned class certification in the suit, brought by the Authors Guild and multiple individual authors, on the basis that the District Court first...more

LogoThief to the Rescue

There is a brand new exposer of potential intellectual property violations on the scene, meet LogoThief. “We exist to name and shame logo thieves and all others who plagiarise the work of logo designers.” ...more

A New Page for Google Books

In 2004, Google announced a project that, at the time, seemed audacious: a universal library, searchable online. Book lovers rejoiced. “This is our chance to one-up the Greeks!” one archivist said (echoing what the rest of...more

Goldieblox, Inc. v. Island Def Jam Music Group, et al.

Complaint for Declaratory Judgment and Injunctive Relief

An action for declaratory and injunctive relief to establish the rights of a toy company, GoldieBlox, in connection with a parody video set to the tune of the Beastie Boys’ song “Girls.”...more

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