Intellectual Property

Recent Posts

Prosecuting Patent Applications in District Court after Kappos v. Hyatt
Posted on 7 May 2012 by Mary LaFrance

Under the Supreme Court's decision in Kappos v. Hyatt [ enhanced version available to lexis.com subscribers ] patent applicants that pursued their claims through a de novo civil action in district court, rather than through review at the Federal Circuit... Read More

Revised Opinion on Character Merchandising: Fleischer Studios. v. A.V.E.L.A.
Posted on 20 Sep 2011 by Mary LaFrance

Six months after launching a bold attack on character merchandising in Fleischer Studios, Inc. v. A.V.E.L.A., Inc. , 636 F.3d 1115 [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the... Read More

Copyright Preemption of Contract Claims Involving Copyrightable Works
Posted on 7 Jul 2011 by Mary LaFrance

In Montz v. Pilgrim Films & Television, Inc. , 2011 U.S. App. LEXIS 9099 (9th Cir. May 4, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the Ninth Circuit upheld the rights... Read More

Is First Sale Rule Limited to Domestically-Made Copies?
Posted on 6 Nov 2012 by Mary LaFrance

In the upcoming Kirtsaeng case, the Supreme Court is expected to provide the long-awaited answer to the question whether copyright law's first sale rule applies only to domestically-manufactured copies. Mary LaFrance gives us a preview of the upcoming... Read More

Unauthorized Use of Trademarks in Keyword Advertising
Posted on 17 Jul 2012 by Mary LaFrance

Rosetta Stone Ltd. v. Google, Inc ., 676 F.3d 144 (4th Cir. 2012) [ enhanced version available to lexis.com subscribers ] presented the Fourth Circuit with challenging questions involving federal trademark infringement and dilution claims in the context... Read More

Mary LaFrance on Character Copyrights and the Public Domain
Posted on 8 Aug 2011 by Mary LaFrance

When does a still image -- or a series of such images -- embody a "character" for purposes of copyright law? In Warner Bros. Entertainment, Inc. v. X One X Prods ., 2011 U.S. App. LEXIS 13646 (8th Cir. July 5, 2011) [ enhanced version available... Read More

Mary LaFrance on Copyright and Trademark Protection for Cartoon Characters
Posted on 11 Jul 2011 by Mary LaFrance

Who owns Betty Boop? In attempting to answer this question, the Ninth Circuit delved into a complex chain of title and recognized the separability of the copyright in a cartoon character from the copyright in works that incorporate the character. The... Read More

LaFrance on First Amendment Protection for Expressive Works Depicting Trademarks
Posted on 1 Aug 2012 by Mary LaFrance

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... Read More

Ninth Circuit's View of the DMCA Safe Harbor for User-Generated Content
Posted on 17 Jul 2012 by Mary LaFrance

In Viacom Int'l, Inc. v. YouTube, Inc . [ enhanced version available to lexis.com subscribers ], the Second Circuit interpreted the safe harbor provisions of the DMCA that limit the liability of ISPs for storing infringing material at the direction... Read More

LaFrance on First Amendment Protection for Expressive Works Depicting Trademarks
Posted on 1 Aug 2012 by Mary LaFrance

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... Read More

Unauthorized Use of Trademarks in Keyword Advertising
Posted on 17 Jul 2012 by Mary LaFrance

Rosetta Stone Ltd. v. Google, Inc ., 676 F.3d 144 (4th Cir. 2012) [ enhanced version available to lexis.com subscribers ] presented the Fourth Circuit with challenging questions involving federal trademark infringement and dilution claims in the context... Read More

Ninth Circuit's View of the DMCA Safe Harbor for User-Generated Content
Posted on 17 Jul 2012 by Mary LaFrance

In Viacom Int'l, Inc. v. YouTube, Inc . [ enhanced version available to lexis.com subscribers ], the Second Circuit interpreted the safe harbor provisions of the DMCA that limit the liability of ISPs for storing infringing material at the direction... Read More