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Jurisdiction Copyright

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

AEON Law

Patent Poetry: Chinese Court Issues First Decision on AI Copyright Infringement

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The Guangzhou Internet Court issued the first ruling involving the liability of generative artificial intelligence (GAI) companies for copyright infringement. China has three internet courts in Beijing, Hangzhou, and...more

Vondran Legal

Strike 3 Holdings Defendants No Longer Anonymous?

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Maintaining your anonymous status when you are a John Doe defendant in a strike 3 holding porn litigation just got a bit trickier, at least in the 3rd Circuit. In this jurisdiction, a defendant may have to prove to the...more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Bette Midler, Generative AI and the Right of Publicity

In part one of this article, we discussed the challenges artists face as they seek to protect their intellectual property from generative AI using copyright law. In part two, we explore a legal approach that may be more...more

Akin Gump Strauss Hauer & Feld LLP

Akin Intelligence - September 2023

Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more

Davis Wright Tremaine LLP

"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more

Vondran Legal

Willful copyright infringement can be EXPENSIVE, but what does willful really mean?

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If you are being sued (or pursued) for copyright infringement, you will likely get a demand letter from a copyright law firm informing you that you have "willfully infringed" their clients software. They might also point out...more

Wiley Rein LLP

Ninth Circuit Recognizes ‘Catch All’ Jurisdiction Over Foreign-Based Internet IP Infringers

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In a decision that continues a trend of courts recognizing expansive jurisdiction over persons and entities engaging in intellectual property infringement through the internet, the U.S. Court of Appeals for the Ninth Circuit...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022: An Open-and-Shut Case for the CCB? It Depends.

Copyright owners now have another venue for enforcing copyrights: the Copyright Claims Board (CCB). Established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), the CCB aims to provide...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022

[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more

Mintz - Arbitration, Mediation, ADR...

The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes

Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular...more

Ladas & Parry LLP

Cease and Desist Letters Need to Balance Effectiveness While Considering Consequences

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Letters demanding that a company “cease and desist” what the sender of the letter deems an infringement of the sender’s intellectual property rights – whether patent, trademark or copyright – are communications primarily to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

Smart & Biggar

Cloud computing: A brief overview of intellectual property issues "in the cloud"

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Cloud computing has increasingly become a dominant model for computer and information technology service, with the majority of businesses worldwide using computing resources and storing data “in the cloud.” However, despite...more

Dorsey & Whitney LLP

Who - What - Where? Trademark and Copyright Venue in 2020 and Beyond

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In recent years, commentators have discussed patent venue ad nasuem in the run-up to and following the Supreme Court’s 2017 decision in TC Heartland. In a nutshell: after TC Heartland restricted the circumstances under which...more

Spirit Legal

Ruling of the regional court Frankfurt: Sea rescuer obtains a cease and desist order against former Deputy Prime Minister of...

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In a decision dated 23 September 2020 (Case No. 2-06 O 335/19), the Frankfurt Regional Court ordered the former Italian Minister of the Interior, Matteo Salvini, at the request of Mission Lifeline crew member Friedhold...more

Foley & Lardner LLP

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

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...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

McDermott Will & Emery

You Can Have Some Lovin’ - But No Personal Jurisdiction

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The US Court of Appeals for the Sixth Circuit dismissed claims against a recording artist and music publishing company for, finding that the court lacked personal jurisdiction over one of the accused artists, a UK resident,...more

Carlton Fields

Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim

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The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more

Hogan Lovells

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

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On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court...more

Hogan Lovells

China professionalises its IP judiciary: 15 specialised IP Tribunals now open for business

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Since November 2014, when the first IP courts were set up in Beijing, Shanghai and Guangzhou, China has been rapidly setting up new specialised IP tribunals throughout its vast hinterland. ...more

Hogan Lovells

IP Newsletter- French language / Français

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Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #17 from January 2018...more

McDermott Will & Emery

Brexit - Legal Implications

In our latest memorandum, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model. In light of recent comments made by Theresa May, it is unlikely that...more

McDermott Will & Emery

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

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