News & Analysis as of

Copyright Copyright Infringement Misappropriation

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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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

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

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The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

McDermott Will & Emery

Message Received: US Courts Are Appropriate, More Convenient Venue to Adjudicate US IP Disputes

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Addressing personal jurisdiction and forum non conveniens in a software licensing dispute, the US Court of Appeals for the Fourth Circuit upheld a district court’s exercise of personal jurisdiction over a Dutch entity and the...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2022

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In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more

Weintraub Tobin

Ninth Circuit Refuses to Adopt “Ordinary Observer” Test for Substantial Similarity and Copyright Infringement

Weintraub Tobin on

The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this...more

WilmerHale

Pepe the Frog

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WilmerHale Partner Louis Tompros and Counsel Stephanie Lin discuss the Pepe the Frog copyright infringement case with host John Walsh. Louis, Stephanie and a team from WilmerHale assisted Matt Furie, the creator of Pepe the...more

Jones Day

JONES DAY PRESENTS®: Trade Secret Enforcement in Spain

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Spain's Trade Secrets Law, enacted in early 2019, is expected to bring about significant changes to the country's business environment. Partner Marta Delgado Echevarría talks about the new protections in place for trade...more

McDermott Will & Emery

Use of Infringing Product, Misappropriated Trade Secrets May Continue—for a Licensing Fee

The US Court of Appeals for the Sixth Circuit affirmed a district court’s stay of a permanent injunction against copyright infringement and trade secret misappropriation, permitting the infringer to continue use of an...more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal...

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

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Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Jaburg Wilk

Intellectual Property 101 for Business Owners

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Although many business owners have a general idea of what intellectual property is, most are not as familiar with the different types of intellectual property and what may be protected. This can be an expensive learning curve...more

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

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Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Manatt, Phelps & Phillips, LLP

Rapper Hits Fortnite With Suit Over Dance Moves

Did the wildly popular video game Fortnite misappropriate some of its dance moves? Rapper Terrence Ferguson, also known as 2 Milly, filed suit against Epic Games, the manufacturer of the phenomenally popular game, alleging...more

Snell & Wilmer

Copying or Reverse Engineering Functional Technology

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Before copying or reverse engineering a functional product or process analyze each of the issues below. It is best to consult an experienced patent attorney during this analysis. I. Is there a Contract Preventing the Use...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Seyfarth Shaw LLP

Federal Court Rules Against Calzone Franchisor In Meaty Lawsuit Against Former Franchisee

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In a meaty decision involving the intersection of restrictive covenant and franchise law, the United States District Court for the Southern District of Ohio recently denied a request by D.P. Dough Franchising, LLC (“D.P....more

Jones Day

Default Determination Highlights The Importance Of Alleging Every Element

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A recent ITC decision, stemming from a default initial determination, underscores the importance of alleging every element in a complaint. 19 U.S.C. § 1337(g)(l) provides that the Commission, when making a determination on...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 08

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

Proskauer Rose LLP

Three Point Shot - June 2015

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Jockeying for Dollars: Kentucky Downs Faces Two Lawsuits over Betting Machines - And they're off ... to the United States District Court for the Western District of Kentucky. One of the country's premier racetracks,...more

Kelley Drye & Warren LLP

Instagram for Sale: Artist Richard Prince’s New Portraits Sparks Controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince’s exhibit New Portraits, which first debuted at the Gagosian Gallery on September 19, 2014 and was reborn with...more

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