On March 6 th , the Southern District of New York dismissed a trademark lawsuit filed against Oprah Winfrey, holding that Oprah's use of the phrase "Own Your Power" did not infringe plaintiff's trademark. The court held that Oprah's... Read More
By Jeff Neuburger of Proskauer Rose LLP Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media , the publisher of the Law Vegas Review-Journal. The company has been making... Read More
By Sheppard Mullin The appeal in the case of Cariou v. Prince [ enhanced version available to lexis.com subscribers ] is shaping up to be the biggest visual arts copyright case in many years. It will likely result in guidance on what qualifies as a... Read More
By Jonathan Zavin of the firm Loeb & Loeb LLP Click here for a copy of the full decision. Court holds that defendant's use of plaintiff's photographs to create "appropriation art" is not a fair use because it does not... Read More
Recently, the Southern District of New York granted defendants summary judgment in a copyright case attacking the HathiTrust Digital Library (HDL). The HDL, which houses digitized works from university libraries, is used for: (1) full-text searches;... Read More
In Salinger v. Colting , 2009 U.S. Dist. LEXIS 56012 (S.D.N.Y. July 1, 2009) , reclusive and fiercely protective novelist J.D. Salinger enjoined copyright infringement and common law unfair competition of The Catcher in the Rye and character infringement... Read More
The Association of Research Libraries recently published a document entitled Code of Best Practices in Fair Use for Academic and Research Libraries . The document is a code of fair use practices to be used by the academic and research library community... Read More
On May 12 th , Northland Family Planning Clinic, Inc. filed a copyright action against the Center for Bio-Ethical Reform (CBR). Northland provides reproductive healthcare to women, including abortions. The CBR, a California non-profit, opposes abortions... Read More
By members of the Intellectual Property Litigation Group In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement... Read More
Even the oddest compositions deserve copyright protection. But in a similar vein, even the oddest compositions beckon parody. Which brings us to the song, What What (In the Butt) . Which then brings us to the animated television show, South... Read More
WASHINGTON, D.C. - (Mealey's) The reach of the Copyright Act's first-sale doctrine, codified at 17 U.S. Code Section 109(a) , was debated November 8 th by an eight-member panel of the U.S. Supreme Court in a dispute over watches lawfully manufactured... Read More
By members of the Intellectual Property Litigation Group In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright... Read More