Intellectual Property

Recent Posts

Supreme Court Reverses, Says Laches Does Not Bar Copyright Claim
Posted on 19 May 2014 by Melissa Ritti

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

Forever 21 Threatens Suit against Blogger
Posted on 17 Jun 2011 by Copyright & Trademark Law Community Staff

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

Ninth Circuit finds publicity claim preempted by Copyright Act and grants infringement standing to performer as company’s sole employee: Jules Jordan v. 144942 Canada Inc. (Aug. 16, 2010)
Posted on 18 Aug 2010 by Copyright & Trademark Law Community Staff

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

Mac Clone Maker Sued by Apple – FINALLY!
Posted on 23 Jul 2008 by Cecil Lynn

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 Recent Independent Artist Movement and its Impact on Copyright Infringement Claims
Posted on 23 Jul 2008 by Cecil Lynn

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

Copyrights Begin Revolt against Oppressive Patent Tyranny
Posted on 8 Mar 2012 by Travis Burchart

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

The “Standing” Circle Grows Smaller: Seventh Circuit Addresses Licensee's Standing to Sue for Copyright Infringement: Hyperquest v. N'Site (Jan. 19, 2011)
Posted on 21 Jan 2011 by Copyright & Trademark Law Community Staff

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

The “Standing” Circle Grows Smaller: Seventh Circuit Addresses Licensee's Standing to Sue for Copyright Infringement: Hyperquest v. N'Site (Jan. 19, 2011)
Posted on 21 Jan 2011 by Copyright & Trademark Law Community Staff

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

U.S. Supreme Court Hears Arguments in Copyright Dispute Over Internet-Based DVR Service
Posted on 23 Apr 2014 by Mark Rogers

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

FREE DOWNLOAD - Order Re Subpoenas Served on Social Networking Websites: Crispin v. Christian Audigier, 2010 U.S. Dist. LEXIS 52832 (C.D. Cal. May 26, 2010)
Posted on 2 Jun 2010 by Copyright & Trademark Law Community Staff

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

Second Circuit: Copyright Statutory Damages Not Available For Each Song In A Music Album
Posted on 12 May 2010 by Daniel Warren, David Weslow, and Joshua Curry

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

LaFrance on a Screen Actor's Claim to Copyright in her Performance: Garcia v. Google, Inc.
Posted on 4 Apr 2014 by Mary LaFrance

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

Neighbouring Rights in the Digital Era: How the Music Industry Can Cash In
Posted on 26 Oct 2015 by Annabelle Gauberti

Why sound recording producers, sound recording artists and performers as well as digital service providers have everything to win in finding a consensus on neighbouring rights in the digital era As we detailed in our previous article on our take on... Read More

Jingle All the Way…To the Tune of $1.3 Billion: Oracle Wins Largest-Ever Copyright Infringement Award
Posted on 5 Jan 2011 by Sunstein Kann Murphy & Timbers LLP

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