Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more
4/11/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Copyright ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Remand ,
SCOTUS ,
The Copyright Act ,
Work-For-Hire
As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces.
Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more
12/6/2023
/ Artificial Intelligence ,
Continuing Legal Education ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Registration ,
Department of Justice (DOJ) ,
Fair Use ,
Federal Trade Commission (FTC) ,
First Amendment ,
Free Speech ,
Inflation Reduction Act (IRA) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Non-Fungible Tokens (NFTs) ,
Patent Applications ,
Patent Infringement ,
Patent Litigation ,
Patent Registration ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Proposed Rules ,
Trade Secrets ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unified Patent Court ,
Webinars
The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. The implications for copyright law principles, such as authorship,...more
9/15/2023
/ Algorithms ,
Artificial Intelligence ,
Authorship ,
Comment Period ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Fair Use ,
Intellectual Property Protection ,
Machine Learning ,
Public Comment ,
USPTO
The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more
Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more
In a 6–2 decision authored by Justice Breyer, the Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s 2018 ruling that Google’s use of Oracle’s Java application programming interface...more
4/15/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Intellectual Property Litigation ,
Java ,
Oracle ,
Oracle v Google ,
SCOTUS ,
Transformative Use
In a case spanning nearly 40 years of art and touching the estates of two of the world’s most well-known artists, the US Court of Appeals for the Second Circuit clarified its position on the application of the fair use...more
Presented with a publishing company defendant’s mashup of Dr. Seuss’ copyrighted works with Star Trek in a work titled Oh, the Places You’ll Boldly Go!, the US Court of Appeals for the Ninth Circuit tackled claims of both...more
The US Court of Appeals for the Second Circuit vacated a district court’s summary judgment grant in favor of a fine jewelry producer for trademark infringement, counterfeiting and unfair competition because factual disputes...more
Affirming a district court’s summary judgment in favor of various defendants, including the vocal music director and parent volunteers at Burbank High School (whose competitive show choirs reportedly inspired the television...more
In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more
7/11/2019
/ Appeals ,
Cosmetics ,
Disgorgement ,
Fair Use ,
Jury Trial ,
Lanham Act ,
Likelihood of Confusion ,
Permanent Injunctions ,
Seventh Amendment ,
Statutory Damages ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more
2/11/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Damages ,
Digital Media ,
Fair Use ,
Final Judgment ,
First Sale Doctrine ,
Intellectual Property Protection ,
Music Industry ,
Permanent Injunctions ,
Right to Control ,
Summary Judgment ,
The Copyright Act
The US Court of Appeals for the Sixth Circuit found that the defendant’s use of the names “Old Taylor” and “the Former Old Taylor Distillery” (collectively, the Old Taylor names) to refer to its property and future bourbon...more
In a case that attracted 20 amici briefs, the US Court of Appeals for the Federal Circuit issued a blockbuster decision in the years-long battle between Oracle and Google over Google’s Android platform. The Court concluded...more
Examining the issue of trademark fair use, the US Court of Appeals for the Ninth Circuit reversed a district court grant of summary judgment in favor of a promotional products company and remanded the case for reconsideration...more
Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while also creating a searchable database of books. The Google Books database...more