Posts in Copyright


Is Europe really (*still*) moving away from protecting platforms and internet intermediaries?

This time last year, the combination of the Commission's September 2017 Communication and the proposed Article 13 of the draft Copyright Directive led some to conclude that Europe was …
By Nick Aries
9 days ago 0

Ninth Circuit finds no Copyright Infringement by Owner of Infringing IP Address

On appeal, the Ninth Circuit panel found that the district court had properly dismissed both the direct and the contributory infringement claims with prejudice. Although Cobbler Nevada …
By Steve Brachmann
11 days ago 0

Preventing a Graffiti Copyright Infringement Lawsuit

Filming and photographing in public venues – parks, streets, subway stations – for ads, TV spots and social media videos can produce exciting, creative results for advertising campaigns, but …

Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit

In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
By Steve Brachmann
18 days ago 0

Complaint Alleges Balenciaga Copied Design of Affordable NYC Souvenirs for Luxury Knockoffs

A New York City-based souvenir and apparel firm City Merchandise filed a complaint alleging claims of copyright infringement against the American subsidiary of French luxury fashion house …
By Steve Brachmann
1 month ago 1

Compromise on Music Modernization Act Leads to Unconditional Support From Music Industry Organizations

A collection of trade organizations representing music publishers and songwriters recently released a joint statement in which all announced unconditional support for S.2823, the Music Modernization Act (…
By Steve Brachmann
1 month ago 0

Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites

Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
By Steve Brachmann
1 month ago 2

The Chinese “Super Trademark”: A Creative Strategy for Overseas IP Protection

Enforcement of trademark rights in China is an ongoing issue faced by numerous corporations.  Invalidating or canceling a trademark registration in the Chinese market is time-consuming and …
By Laura Kees
1 month ago 0

Litigating Copyrights: Is Registration required to get into Court?

While registration is required in order to file a lawsuit for copyright in federal court, there is currently a circuit split with regard to what part of …
By Katie Scholz
1 month ago 1

Judge Rules Photographer Owned Marilyn Monroe Photo Copyright, Fair Use Moves to Trial

U.S. District Judge Paul Engelmayer of the Southern District of New York recently entered an opinion and order in a copyright case involving the famed “Last …
By Steve Brachmann
1 month ago 0

Protecting Innovation During the 3D Revolution

Innovators often face the question of how to best protect their new ideas.  Patents immediately come to mind for new products and processes.  However, copyright protection should …
By Katie Scholz
1 month ago 1

How Intellectual Property Informs the Investment in a Private Equity Transaction

Technology and intellectual property (IP) have become vital components to virtually every business in all industries as they often drive the value and efficiencies of a business …
By Shelley Thomas
2 months ago 0

Copyright and Tattoos: Who owns your ink?

As of 2012, one in five adults in the United States have at least one tattoo.  While some designs are simple, many are incredibly complex, original works of …
By Katie Scholz
2 months ago 9

US Supreme Court Tackles Copyright Registration Circuit Split

Some circuit courts have held that a work is “registered” and the copyright owner can sue an infringer as soon as the applicant files the application, deposits …
By Angélique McCall
2 months ago 0

Costumes and Copyrights: Can you afford to wear that?

There’s a season every year where individuals dress-up in homemade costumes and gather for tricks, treats… and comic books? That’s right, it’s comic-con season! …
By Katie Scholz
2 months ago 8

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