WASHINGTON, D.C. — (Mealey’s) A divided U.S. Supreme Court today ruled that a petitioner’s copyright infringement claim against Metro-Goldwyn-Mayer Inc. (MGM) is not subject to the affirmative defense of laches because her claim was... Read More
Rachel Kane, owner of WTForever21.com, recently received a cease-and-desist letter from clothing retailer Forever 21 . Apparently, the retailer is not amused by Kane's sartorial criticism and has accused her of engaging in "trademark infringement... Read More
Gasper, an adult movie actor, was the president and sole shareholder of Jules Jordan Video (JJV), the creator of the videos in which Gasper appeared. Gasper and JJV filed a copyright action against defendants, alleging that they had copied and sold... Read More
For intellectual property lawyers, the March announcement by Psystar Company that it had developed and planned to sell a fully functional clone of Apple, Inc.’s Macintosh computer was a lawsuit waiting to happen! So we waited. And waited. Well,... Read More
The digital domain may not be the Wild West, but it certainly is the latest battlefield that will map out the music landscape for the next millennium. After years of copyright infringement litigation to protect music studios (and their artists) from the... Read More
If intellectual property were a sovereign nation, patents might form the capital whereas copyrights might form a province (along with trademarks). The argument for this would be that original works of authorship are subordinate to patents and inventions... Read More
A licensee's right to exclude 3 rd party use does not amount to an "exclusive right" for the purposes of copyright infringement standing, according to the Seventh Circuit, and dismissal with prejudice is the appropriate ruling when standing... Read More
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : ... Read More
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on April 22 heard oral arguments in a copyright infringement case pitting a group of broadcast television companies and the U.S. government against Aereo Inc., a company that provides Internet... Read More
BUCKLEY H. CRISPIN vs. CHRISTIAN AUDIGIER, INC., ET AL. CASE NO. CV 09-09509 MMM (JEMx) UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 2010 U.S. Dist. LEXIS 52832 May 26, 2010, Decided May 26, 2010, Filed OPINION... Read More
LEGAL ALERT May 10, 2010 The U.S. Court of Appeals for the Second Circuit recently affirmed a district court decision finding that a copyright owner was entitled to only one award of statutory damages for its music album compilation even though individual... Read More
Excerpt: Who is the author of an actor's recorded performance? This question rarely arises in practice, because motion picture producers insist that all creative participants sign work-made-for-hire agreements. When this detail is overlooked, however... Read More
By Nicole Rizzo Smith In the world of technology titans, SAP has landed itself on the naughty list this year. In a copyright infringement action brought by Oracle against rival SAP for stealing software and customers, a federal jury last month... Read More
By Alison Aubry Richards In Gaylord v. United States , decided on May 14, 2012, the U.S. Court of Appeals for the Federal Circuit issued a significant ruling relating to the determination of copyright damages. The court held that determination of the... Read More