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Oral Argument at the Supreme Court Suggests Refusing to Register TRUMP TOO SMALL Trademark Did Not Violate the First Amendment

The Supreme Court heard oral arguments in Vidal v. Elster this week, which asks whether refusing to register a trademark that criticizes President Trump violates the Free Speech Clause of the First Amendment. It seems the...more

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Google v. Oracle: SCOTUS Sides with Google on Fair Use, But Is The Ruling Narrower Than It Seems?

On April 5, 2021, the Supreme Court issued its decision in Google v. Oracle, ruling 6-2 in Google’s favor on the issue of fair use. So ends a decade-plus battle between two tech giants that many viewed as having the potential...more

Google v. Oracle: What We Learned from Oral Argument

On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

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