(Podcast) The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement
The Briefing – Brandy Melville v Redbubble: Navigating Contributory Infringement
Podcast: The Briefing - Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
The Briefing: Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
Artificial intelligence (AI) makes it easy to create, remix, and distribute content at scale, and that speed is a significant part of its value. It is also where intellectual property (IP) risk can creep in. That risk is not...more
In action against OpenAI based on its use of Ziff Davis’ online publications in GPT series of large language models, district court denies motion to dismiss claims for contributory copyright infringement, for removal of...more
In July 2024, the Intellectual Property Enterprise Court handed down judgment in a trade mark and copyright infringement case between AGA Rangemaster Group, the manufacturer of the well-known AGA range cookers, and UK...more
On December 9, 2025, District Judge Eric Komitee (E.D.N.Y.) denied Defendant Bemmo, Inc.’s (Bemmo) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), finding Plaintiff The Ridge Wallet, LLC (Ridge Wallet) pled...more
Supreme Court Wrestles with Billion-Dollar Question: When Are ISPs Liable for User Piracy? On December 1, 2025, the U.S. Supreme Court heard oral arguments in what may prove to be one of the most consequential copyright...more
District court denies AI developer Cohere’s motion to dismiss, finding that news publishers plausibly stated claims for direct copyright infringement, including for “substitutive summaries” generated by Cohere’s AI models,...more
One may be liable for copyright infringement by another under theories of contributory infringement or vicarious infringement. Where there are multiple infringers of a copyright, all infringers are jointly and severally...more
Headlines about AI intellectual property infringement liability tend to focus on direct infringement, i.e., the AI's unauthorized copying/use of others' intellectual property, especially in the context of training data....more
Cox Commc’ns, Inc. v. Sony Music Ent., No. 24-171 (U.S. Nov. 3, 2025) - Music piracy poses a large threat to artists’ copyrights, depriving the music industry of billions of dollars annually. To combat this, music...more
District court dismisses songwriters’ copyright claims against Brazilian pop star Anitta and her label, holding plaintiffs failed to adequately allege access where Anitta was only 14 years old and living in Brazil when...more
In long-running dispute between visual effects companies and Disney and its affiliates, district court denies motion to dismiss vicarious copyright infringement claim, finding plaintiffs sufficiently pleaded that defendants...more
MICROTECH KNIVES, INC. v. OUTDOORS ONLINE, LLC AND JON JANECEK - Before: The Honorable Victoria Marie Calvert - The district court granted summary judgment to defendant, an online marketplace accused of contributory trademark...more
Online shopping is here to stay, and so are trademark concerns for e-commerce shopping platforms. However, platforms and service providers lack clear precedent on when they are responsible for trademark infringing activities...more
District court grants in part and denies in part defendants’ motion to dismiss Take-Two Interactive Software Inc.’s claims related to defendants’ operation of online marketplace for users to sell enhanced player accounts for...more
On June 30, 2025, the Supreme Court granted a petition for certiorari from Cox Communications Inc. and agreed to weigh in on one of the most consequential digital copyright cases in recent memory....more
The Supreme Court of the United States has agreed to review whether an internet service provider (ISP) can be liable for copyright infringement for providing an internet connection that leads to piracy. Cox Communications,...more
On June 30, 2025, the U.S. Supreme Court agreed to hear an appeal in Cox Communications, Inc. v. Sony Music Entertainment, setting the stage for the high court to define copyright infringement liability for internet service...more
The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on...more
Having handled copyright photo infringement cases for years now, one common defense I hear raised by business owners who are found to have infringed my client's copyrighted images is "I am not to blame, I hired a webmaster or...more
We get a lot of questions about whether it is better to pay a large settlement to boxing piracy companies like Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit Events. This blog seeks to provide important...more
The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more
Dearest Gentle Reader, it seems that the scandalous allure of counterfeit goods has infiltrated our esteemed society with alarming frequency. Behind the shimmering facade of the finest of marketplaces, whispers abound of...more
Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT. While raising some of the same arguments, Microsoft takes a more traditional path with...more
The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and...more
On February 20, 2024, the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) vacated an unprecedented $1 billion judgment against Cox Communications, Inc. (Cox) for copyright infringement based on Cox’s customers’...more