News & Analysis as of

Judge Posner, I Presume

Over the past several months, Judge Posner and the Seventh Circuit has handed a couple of rare, but well-deserved wins to the public domain. On June 16, 2014, the Court issued an opinion holding that the primary characters...more

Playing Games Over ANGRY BIRDS

The internet was aflutter yesterday over a lawsuit involving Angry Birds. The artist who created a pet toy line is apparently quite angry that she’s not racking up gold coins from a lucrative license agreement for the mark...more

Wizard of Oz Celebrates 75th Anniversary & Victory in Copyright and Trademark Dispute Over Film Characters

This August will mark the 75th anniversary of the release of the classic film The Wizard of Oz. As Warner Bros. celebrates the iconic status acquired by the film and its characters during the past seven-plus decades, the...more

Adobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014

Adobe Systems Inc. v. Kornrumpf - USCA, Ninth Circuit, June 2, 2014: Ninth Circuit affirms grant of partial summary judgment in favor of Adobe Systems Inc., holding that first sale doctrine was not available as defense...more

Copyright Licensing Agency releases new Pharmaceutical Collaboration Licence

Companies holding an existing Pharmaceutical Licence from the Copyright Licensing Agency (“CLA“) have been given the opportunity to upgrade to a new Trial Pharmaceutical Collaboration Licence (“TPCL“), at no extra cost. The...more

Germany: Collecting society’s payout to publishers highly disputed

On 13 May 2014 the District Court of Berlin (16 O 75/13) rejected a claim brought by a songwriter and a composer against a collecting society’s payout to music publishers. The claim was directed at a declaratory judgment that...more

Study of the European Parliament on the Protection of Creator's Rights in a Changing Environment

Copyright law is lagging behind reality due to the interminable development in the field of modern technology. This widespread prejudice is confirmed by a study recently released on behalf of the European Parliament (the...more

Managing Risk for Licensing Agreements During Merger Activities

Scott & Scott, LLP attorney, Brian Von Hatten, says an inadvertent transfer of a software license in an M&A transaction may result in significant penalties, including but not limited to relicensing the software already...more

Click & Copy: Breach of Online License Agreements & Copyright Infringement

My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to...

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....more

What’s The Big Idea? Protecting Employer-Owned Intellectual Property

Originally published in the December 2012 issue of The HR Specialist. With the year-end holidays fast approaching, many businesses are in the midst of assessing their 2012 performance and planning for 2013. If those...more

Enforcing IP Judgements in Canada

US companies seeking to enforce intellectual property rights against Canadians face certain challenges. First, a US company would commence a lawsuit in a US court, and must serve the Canadian person or entity in Canada....more

Points & Authorities - Fall 2012

In This Issue: - The Innovative Design Protection Act: Bound for Success or Doomed to Fail? - Strategic Licensing Considerations - New Faces - Points from the President - Think Again Before Walking Away from...more

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