LexisNexis® Legal Newsroom
LaFrance on Copyright and Circumvention Claims Arising from Use of Third Party Software to "Cheat" in Online Games: MDY Indus., LLC v. Blizzard Ent., Inc., 2010 U.S. App. LEXIS 25424 (Dec. 14, 2010)

By Mary LaFrance In MDY Indus., LLC v. Blizzard Ent., Inc. , 2010 U.S. App. LEXIS 25424 (Dec. 14, 2010), [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , a case arising out of the multiplayer online game World of Warcraft (WoW),...

Copyright Preemption of Contract Claims Involving Copyrightable Works

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 of idea submitters to pursue breach of contract...

Mary LaFrance on Copyright and Trademark Protection for Cartoon Characters

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 court also addressed the relationship between...

Mary LaFrance on Character Copyrights and the Public Domain

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 to lexis.com subscribers / unenhanced version...

Revised Opinion on Character Merchandising: Fleischer Studios. v. A.V.E.L.A.

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 Ninth Circuit withdrew its opinion and substituted...

Prosecuting Patent Applications in District Court after Kappos v. Hyatt

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, are free to submit new evidence to support...

Ninth Circuit's View of the DMCA Safe Harbor for User-Generated Content

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 of users. The decision adopts a broad interpretation...

Unauthorized Use of Trademarks in Keyword Advertising

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 of Google's keyword advertising program. The...

LaFrance on First Amendment Protection for Expressive Works Depicting Trademarks

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...

Is First Sale Rule Limited to Domestically-Made Copies?

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 case and its implications. Excerpt: Background...