Intellectual Property

Recent Posts

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute
Posted on 13 Dec 2010 by Melissa Ritti

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... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 11 - 15
Posted on 21 Dec 2010 by Copyright & Trademark Law Community Staff

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 and buyorleaselexus... Read More

Westermeier on The Non-Assignability of Open Source Software Licenses
Posted on 22 Mar 2010 by J. (Jay) T. Westermeier

Open source 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... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 6 - 10
Posted on 22 Dec 2010 by Copyright & Trademark Law Community Staff

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... Read More

What’s Wrong with Musical Adaptations of French Songs and Their Ensuing Rights?
Posted on 24 Jul 2013 by Annabelle Gauberti

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... 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

Rihanna Topshop and Passing Off: A Love/Hate Relationship
Posted on 12 Aug 2013 by Annabelle Gauberti

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... Read More

Peer to Peer Sharing: The Best of Connected
Posted on 17 Jun 2010 by Martindale-Hubbell Connected

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... Read More

Digital Britain and the return of the Stationer’s Company
Posted on 13 Apr 2010 by Paul Sweeting

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... Read More

Top 15 Most Viewed Copyright/Trademark Posts for 2010: 1 - 5
Posted on 23 Dec 2010 by Copyright & Trademark Law Community Staff

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... Read More

Jury Awards Oracle $1.3 Billion In Copyright Dispute
Posted on 24 Nov 2010 by Mark Rogers

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... Read More

Video Interview About Peer to Peer Sharing
Posted on 11 Jun 2010 by David Nimmer

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? Watch the video here . Read More

Nimmer on Copyright and Milgrim on Licensing Cited in 9th Circuit Decision
Posted on 31 Jul 2015 by LexisNexis Legal Newsroom Staff

The U.S. Court of Appeals for the 9 th Circuit cited both Nimmer on Copyright and Milgrim on Licensing in Minden Pictures v. John Wiley & Sons , 2015 U.S. App. LEXIS 13197, its July 29 decision addressing standing of a photography licensing agency... Read More

Mardi Gras –Costumes? Creations? Couture? A New Sort of Revelry
Posted on 29 Mar 2010 by Henry Z. Horbaczewski and Iris C. Geik

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... Read More

The DMCA De-Fanged: Why Software Developers Need to Register Their Software With the Copyright Office
Posted on 29 Nov 2010 by Thomas Carey

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... Read More