WASHINGTON, D.C. - (Mealey's) Four months after inviting the views of the U.S. solicitor general, the U.S. Supreme Court on Nov. 1 agreed to hear a case that could better define the rights of federal contractor universities in patent disputes arising... Read More
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
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
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
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
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
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
Before the Supreme Court’s decision in Reed Elsevier, Inc. v. Muchnick , 176 L. Ed. 2d 18 (U.S. 2010) , 17 USCS § 411 (a)’s registration requirement had been widely regarded as "jurisdictional." In Muchnick , the Supreme Court... Read More
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
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
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 buy-a-lexus.com and buyorleaselexus... Read More
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
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