No First Amendment violation in statute restoring copyright rights of foreign authors

USA July 29 2010 An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled. The amendment restores copyright...

Use of DILLINGER for Virtual Weapons in Video Games Protected by First Amendment

Although the First Amendment does not play a role in the majority of trademark infringement cases, video games are considered to be a form of artistic expression. Thus, a defendant was able to argue successfully that the First Amendment allows it to use plaintiff's DILLINGER trademark for virtual...

Football Powerhouse, University of Alabama, Suffers Defeat in 11th Circuit Trademark / Football Painting Case

The Alabama Crimson Tide came rolling into court this week only to find its trademark claims stuffed at the goal line. Who did the stuffing? The First Amendment, with a little help from the 11 th Circuit. As the court stated: [W]e have no hesitation in joining our sister circuits by holding that we...

Louis Vuitton and The Hangover II: A Trademark Battle between Beauty and the Beast

How come The Hangover II can't keep its grubby mitts out of IP law. Last year, the movie did a bit of copyright battle with Mike Tyson's tattoo artist . That makes a little sense; boxing, tattoos and hangovers might fit into some sort of loose narrative. But could anyone have pictured The...

LaFrance on First Amendment Protection for Expressive Works Depicting Trademarks

In University of Alabama Bd. of Trustees v. New Life Art, Inc., 2012 U.S. App. LEXIS 11794 (11th Cir. June 11, 2012) [ enhanced version available to lexis.com subscribers ], the Eleventh Circuit joined several other circuits in recognizing a high degree of First Amendment protection for traditional...

DC Federal Court Prevents Movants from Proceeding Anonymously in Peer-To-Peer File-Sharing Copyright Case despite First Amendment Concerns

The District Court for the District of Columbia has upheld a magistrate's order preventing peer-to-peer file-sharing defendants from proceeding anonymously. Hard Drive Prods. v. Does 1 - 1,495 , 2012 U.S. Dist. LEXIS 137719 (D.D.C. Sept. 26, 2012) [ enhanced version available to lexis.com subscribers...