As part of
its work on supporting right holders of intellectual property, the EU-China
IPR2 Project publishes a series of condensed guides for European and Chinese
companies seeking practical advice on how to protect their IP in China and Europe
respectively. These Roadmaps for IP Protection are...
software licenses are copyright licenses. The open source software is
copyrightable subject matter, and the open source license specifies the extent
to which "copying" is permitted and under what terms and conditions.
In this Analysis, Jay Westermeier, of Finnegan, Henderson, Farabow...
Before the Supreme
Court’s decision in Reed Elsevier, Inc. v. Muchnick , 176 L.
Ed. 2d 18 (U.S. 2010) , 17
USCS § 411 (a)’s registration requirement had been widely regarded as
"jurisdictional." In Muchnick ,
the Supreme Court clarified that this registration requirement is...
When is a costume, well, just
not a costume? That would be Mardi Gras - New Orleans, some of the revelers
claim. In a decision that has long had many raising their eyebrows (pasted on
or real) costumes have long been considered not protectable under copyright law
on the theory that they fail...
Last week marked
the 300th anniversary of the
Statute of Anne , the first true modern copyright law in the West, which was
passed by the British Parliament in 1710. It established a copyright term of 14
years and, for the first time, brought the author on stage as the party in whom
This is the first in a series of short videos that will post
over the next two weeks. I describe the basic issue behind the peer to
peer debate and am curious to get your feedback. Where do you think this
whole thing will go?
the video here .
What is peer to peer sharing? In the post, The Dangers of Downloading , we said, "[p]eer to Peer
sharing involves any distributed network composed of users that make a portion
of their resources available to other users on that network." In plain
English it means I'll download yours if...
WASHINGTON, D.C. - (Mealey's) Four months after inviting the views of the U.S. solicitor general, the U.S. Supreme Court on Nov. 1 agreed to hear a case that could better define the rights of federal contractor universities in patent disputes arising from federally funded research ( Board of Trustees...
OAKLAND, Calif. - (Mealey's) After an 11-day trial, a jury in the U.S. District Court for the Northern District of California on November 23 determined that Oracle USA Inc. was entitled to $1.3 billion in actual damages in the form of a fair market value license for copyright infringement related...
In this Emerging Issues commentary, Thomas C. Carey, a partner at Sunstein Kann Murphy & Timbers LLP, discusses a recent federal court case, MGE UPS Sys. v. GE Consumer & Indus., 612 F.3d 760 (5th Cir. Tex. 2010) , and its revised opinion, MGE UPS Sys. v. GE Consumer & Indus. Inc., 622 F...
WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold domestically ( Costco Wholesale Corp. v. Omega S...
11. Toyota Motor Sales: Internet Shoppers Rarely Confused by Trademark Use in Domain Names
In a lively opinion displaying unusual judicial sophistication regarding the Internet, the Ninth Circuit rules that domain names buy-a-lexus.com and buyorleaselexus.com are non-infringing uses of the LEXUS mark...
6. Alterations to the Design Piracy Prohibition Act: Innovative Design Protection and Piracy Prevention Act ("IDPPPA")
Design piracy has long been considered a problem by some in the fashion industry and a boon by others. Other than trademarked brand logos, fashion design has primarily been...
1. The Innovative Design Protection and Piracy Prevention Act - Fashion Industry Friend or Faux?
Unlike their European Union counterparts, where protection of fashion designs has always been a part of the legal and cultural "fabric," for years the U.S. has lagged behind and failed to provide...
As a talented songwriter, have you ever been tempted to adapt and arrange that gracious French song, currently playing on a local radio in an exotic place?
Well, if you have ever contemplated that option, I suggest that you think about it twice and be prepared to jump through hoops to make this adaptation...
Jeff Randall interviewed me during his live show on Sky News, on 31 July 2013, the day on which the court judgment Rihanna vs Topshop was made public.
As Jeff’s interview was really short and snappy, I did not get a chance to say what I thought was important about this court decision, as far...