July 29 2010
An amendment to the Copyright
Act that grants copyright protection to various foreign works that were
previously in the public domain in the United States is not violative of the
First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled. The
amendment restores copyright...
the First Amendment does not play a role in the majority of trademark
infringement cases, video games are considered to be a form of artistic
expression. Thus, a defendant was able to argue successfully that the First
Amendment allows it to use plaintiff's DILLINGER trademark for virtual...
The Alabama Crimson Tide came rolling into court this week
only to find its trademark claims stuffed at the goal line. Who did the stuffing? The First Amendment,
with a little help from the 11 th Circuit. As the court stated:
[W]e have no hesitation in joining
our sister circuits by holding that we...
How come The Hangover II can't keep its grubby mitts out of
IP law. Last year, the movie did a bit of copyright battle with Mike Tyson's tattoo artist . That makes a little sense; boxing,
tattoos and hangovers might fit into some sort of loose narrative. But could
anyone have pictured The...
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
of First Amendment protection for traditional...
Court for the District of Columbia has upheld a magistrate's order preventing peer-to-peer file-sharing defendants from proceeding anonymously. Hard Drive Prods. v. Does 1 - 1,495 , 2012 U.S. Dist. LEXIS 137719
(D.D.C. Sept. 26, 2012) [ enhanced version available to lexis.com subscribers...
On April 27, the Court of Appeals for the Federal Circuit ordered en banc review of a panel decision last week in In re Tam , a trademark case. The issue to be decided en banc is “Does the bar on registration of disparaging marks in 15 U.S.C. § 1052(a) violate the First Amendment?” The...