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Can’t “Shake It Off” Yet: Court Denies Taylor Swift’s Motion to Dismiss Copyright Infringement Lawsuit

On September 2, 2020, a California federal judge denied musician Taylor Swift’s motion to dismiss copyright infringement claims related to the lyrics in Swift’s hit song Shake It Off. On remand from the Ninth Circuit, the...more

U.S. Supreme Court Allows Booking.com to Register Its Domain Name as a Trademark

On 30 June 2020, the U.S. Supreme Court held in U.S. Patent and Trademark Office v. Booking.com B.V. that “Booking.com” is eligible for trademark registration because consumers do not perceive “Booking.com” as a generic name....more

U.S. Supreme Court Rules Georgia’S Official Annotated Code Outside the Scope of Copyright Protection Under “Government Edicts”...

On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 decision authored by Chief Justice Roberts that copyright protection does not extend to the annotations in Georgia’s official annotated code. In the case, Georgia v....more

U.S. Supreme Court Strikes Down Ban on "Immoral" or "Scandalous"

On June 24, 2019, the U.S. Supreme Court held in Iancu v. Brunetti that the Lanham Act’s prohibition on registration of “immoral” or “scandalous” trademarks violates the First Amendment....more

More Companies Adopting Blockchain Solutions

While still an emerging technology, more companies are implementing blockchain technology to manage supply chains, track goods, prevent counterfeiting, increase security, and ensure traceability....more

Federal Circuit Holds Sending Patent Demand Letters Alone May Subject the Sender to Personal Jurisdiction

Clarifying ten-year-old precedent on personal jurisdiction in patent declaratory judgment actions, the Federal Circuit recently held in Jack Henry & Associates, Inc. v. Plano Encryption Technologies that sending a patent...more

Sis-Boom-Bah: U.S. Supreme Court Rules That Cheerleader Uniform Design Elements May Be Eligible for Copyright Protection

In a decision that clarifies one controversial aspect of copyright and fashion law, the U.S. Supreme Court recently ruled that certain design elements of cheerleader uniforms may be eligible for copyright protection. The...more

The Ninth Circuit Holds That Subsequent Debt Collectors Must Send FDCPA Validation-of-Debt Notices

The Ninth Circuit recently construed the Fair Debt Collection Practices Act (“FDCPA”) provision that requires a debt collector to send a validation-of-debt notice within five days of “the initial communication” with a...more

Is Social Media Sharing of Sports Clips Copyright Infringement? Recent UK Judicial Clarification and International Implications

In our annual review last year “Sports Industry 2015: A Year of Unprecedented Landmark Change”, we predicted that the battle against media piracy would be a key area for rights holders in 2016, highlighting “social media...more

Untangling the Webb of Arbitrability: The Fourth Circuit Holds That Courts Determine the Availability of Class-Wide Arbitration

Is the availability of class-wide arbitration a “gateway” question for courts, or are arbitrators charged with such a decision once a matter is compelled to them? In Dell Webb Communities, Inc. v. Carlson, the Fourth Circuit...more

A Careful Balancing Act: Second Circuit Requires Debt Collectors to Disclose When a Consumer’s Current Balance May Increase Due to...

In Avila v. Riexinger & Associates, LLC, No. 15-1584, --- F.3d ---, 2016 WL 1104776 (2d Cir. Mar. 22, 2016), the Second Circuit Court of Appeals construed the scope of Section 1692e of the Fair Debt Collection Practices Act...more

Sixth Circuit Finds “Prior Express Consent” in Affirming Dismissal of TCPA Class Action against Healthcare Provider’s Debt...

The Sixth Circuit (the “Court”) recently sided with a defendant-debt collector in a putative class action in which the plaintiffs claimed that the defendant’s calls to their cell phones violated the Telephone Consumer...more

Governor Tomblin Signs into Law Significant Amendments to West Virginia Consumer Credit Protection Act

On March 31, 2015, West Virginia Governor Earl Ray Tomblin signed SB 542 into law. This new law amends frequently litigated sections of the West Virginia Consumer Credit Protection Act (“WVCCPA”), W. Va. Code section 46A, in...more

Spokeo, Inc. v. Robins: U.S. Supreme Court to Consider Whether Plaintiffs Have Standing to Assert a Statutory Violation without...

The United States Supreme Court has granted certiorari to decide whether a statutory violation alone, unaccompanied by any actual harm to the plaintiff, is sufficient to establish Article III standing. See Spokeo, Inc. v....more

It’s a Whole New Game in Opalinski v. Robert Half International, Inc. – Third Circuit Rules That Courts Decide the Availability of...

There are significant differences between individual (or “bilateral”) arbitration and classwide arbitration that can substantially affect the nature of arbitration as a dispute resolution mechanism. Individual arbitration can...more

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