Fourth Circuit Finds that First Amendment Trumps Trademarks
The Fourth Circuit recently ruled that a Defendant’s online article entitled “NAACP: National Association for the Abortion of Colored People” did not violate the trademark rights of the NAACP, the...
View ArticleOwners of Celebrity Fan Sites Still in the Spotlight for Copyright Liability...
The Southern District of New York recently stressed the importance for internet service providers (“ISPs”) to comply with “safe harbor” requirements of the Digital Millennium Copyright Act (“DMCA”) in...
View ArticleWatch Out! Split Ninth Circuit Panel Rules Amazon Search Results May Violate...
The Ninth Circuit recently held that online retailer Amazon.com could be liable for infringing the trademarks of a watch manufacturer based upon Amazon’s product search results when shoppers search for...
View Article“California Gurl” Katy Perry Not Subject to Personal Jurisdiction in Missouri
The Eastern District of Missouri recently dismissed copyright infringement claims against pop-star Katy Perry, rapper Juicy J, and other individuals for lack of personal jurisdiction, in Marcus Gray...
View ArticleTrademark Specimens: Singular or Plural Matters
The Trademark Trial and Appeal Board recently re-designated as precedential its May 12, 2015 decision that affirmed refusal to register a mark because the applicant’s specimens – showing the proposed...
View Article“BRING IT ON!”: Sixth Circuit OKs Copyright Claims for Cheerleader Uniform’s...
On August 19, 2015, the Sixth Circuit Court of Appeals issued a “V-I-C-T-O-R-Y” for the world’s largest designer and manufacturer of cheerleader uniforms in its copyright infringement lawsuit against...
View ArticleFirst Sale Defense Blocks “Slam Dunk” Copyright Violation
The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or...
View ArticleNinth Circuit “Strikes A Pose” For Madonna And Music Sampling In “Vogue”...
In a copyright decision that rocks the music industry and splits from the Sixth Circuit, the Ninth Circuit recently held that Madonna’s mega-hit “Vogue” did not violate copyright rights by sampling a...
View ArticleFirst Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section...
The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First...
View ArticleApplication or Registration? Eleventh Circuit Widens Circuit Split
The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public...
View ArticleFourth Circuit Finds that First Amendment Trumps Trademarks
The Fourth Circuit recently ruled that a Defendant’s online article entitled “NAACP: National Association for the Abortion of Colored People” did not violate the trademark rights of the NAACP, the...
View ArticleOwners of Celebrity Fan Sites Still in the Spotlight for Copyright Liability...
The Southern District of New York recently stressed the importance for internet service providers (“ISPs”) to comply with “safe harbor” requirements of the Digital Millennium Copyright Act (“DMCA”) in...
View ArticleWatch Out! Split Ninth Circuit Panel Rules Amazon Search Results May Violate...
The Ninth Circuit recently held that online retailer Amazon.com could be liable for infringing the trademarks of a watch manufacturer based upon Amazon’s product search results when shoppers search for...
View Article“California Gurl” Katy Perry Not Subject to Personal Jurisdiction in Missouri
The Eastern District of Missouri recently dismissed copyright infringement claims against pop-star Katy Perry, rapper Juicy J, and other individuals for lack of personal jurisdiction, in Marcus Gray...
View ArticleTrademark Specimens: Singular or Plural Matters
The Trademark Trial and Appeal Board recently re-designated as precedential its May 12, 2015 decision that affirmed refusal to register a mark because the applicant’s specimens – showing the proposed...
View Article“BRING IT ON!”: Sixth Circuit OKs Copyright Claims for Cheerleader Uniform’s...
On August 19, 2015, the Sixth Circuit Court of Appeals issued a “V-I-C-T-O-R-Y” for the world’s largest designer and manufacturer of cheerleader uniforms in its copyright infringement lawsuit against...
View ArticleFirst Sale Defense Blocks “Slam Dunk” Copyright Violation
The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or...
View ArticleNinth Circuit “Strikes A Pose” For Madonna And Music Sampling In “Vogue”...
In a copyright decision that rocks the music industry and splits from the Sixth Circuit, the Ninth Circuit recently held that Madonna’s mega-hit “Vogue” did not violate copyright rights by sampling a...
View ArticleFirst Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section...
The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First...
View ArticleApplication or Registration? Eleventh Circuit Widens Circuit Split
The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public...
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