The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action...more
When served with a summons and complaint for an out-of-state lawsuit, one of the first things a defendant is likely to ask is—can this court compel me to appear? Given that most transportation and logistics-related disputes...more
9/18/2023
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Constitutional Challenges ,
DaimlerChrysler v Bauman ,
Due Process ,
General Jurisdiction ,
Goodyear ,
Interstate Commerce ,
Legal History ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Principal Place of Business ,
Registration Requirement ,
SCOTUS
The test for personal jurisdiction, which asks whether a defendant can be compelled to litigate in a particular state, has been extensively developed over the past several decades, and notably refined in the last fifteen...more
8/21/2023
/ Commerce Clause ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Due Process ,
Foreign Corporations ,
Fourteenth Amendment ,
General Jurisdiction ,
Interstate Commerce ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Principal Place of Business ,
Registration Requirement ,
SCOTUS
The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not...more
6/6/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Photographs ,
Prince ,
SCOTUS ,
The Copyright Act ,
Transformative Use