The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Emerging Strategies for Protecting Global IP Rights
Patent Series: Protecting inventions
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Harlem Shake's Copyright Issues
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...more
The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more
Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more
The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more
The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more
Congress enacted the Digital Millennium Copyright Act (“DMCA”) nearly two decades ago seeking to balance the needs of two factions: Content creators, who were struggling to protect their intellectual property in the digital...more
While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more
The Ninth Circuit ruled recently that the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) shielded a video-sharing website from copyright infringement liability. In UMG Recordings, Inc. v. Veoh Networks,...more
Section 512 of the Digital Millennium Copyright Act (DMCA) provides copyright owners with the ability to demand that Internet Service Providers (ISPs) remove unauthorized copies from the internet. This can be a powerful...more
Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more
A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more
The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more
*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more
Courts considering the perplexing copyright questions created by the Internet have been remarkably consistent in one area. A large body of case law provides significant protections to online service providers and places...more
Last week, the Ninth Circuit further clarified the scope of the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision for online content providers. See UMG Recordings, Inc. v. Shelter Capital Partners LLC, No....more
Fenwick & West Litigation partner Andrew Bridges provides a brief overview of the Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA). The Safe Harbor provisions are designed to protect service providers...more