Posts in Copyright Litigation


Fixing Our Broken Small Claims System with the CASE Act

If our legal system worked properly, it would be easy enough for her to file for copyright infringement. But under our current claims system, high litigation costs …
By Isaac Rubin
6 days ago 3

Where Does Blockchain Fit in Digital Rights Management?

The lawsuit is the latest example of content creators chasing down a third party that does not directly infringe content but rather facilitates infringement through a combination …

Spotify Sued by Music Publishing Company for Unauthorized Use of Thousands of Songs

The world’s biggest music streaming service, Spotify, has recently been sued by Wixen Music Publishing for allegedly using thousands of songs without a license and compensation …
By Amanda G. Ciccatelli
22 days ago 1

YETI Lawsuit Asserts Breach of Settlement Agreement Claims Against Wal-Mart

The suit, filed in the Western District of Texas, alleges that the mega retailer has been infringing on its IP related to trade dress covering aspects of …
By Steve Brachmann
2 months ago 0

The Unimagined Consequences of Star Athletica’s ‘Imaginative Separability’ Test

Like other opinions in the IP arena, the Supreme Court’s decision in Star Athletica v. Varsity Brands has created a new legal rule with limited practical …
By Doris Estelle Long
2 months ago 1

Disney Slams Characters for Hire for Tarnishing the Disney Image

One of the interesting theories posed by the case is Character for Hire’s claimed right to use Disney characters, which derive from Norse mythology or centuries-old …
By Amanda G. Ciccatelli
3 months ago 1

Bruno Mars, Warner Music Named Defendants in a Copyright Lawsuit Over Social Media Photo

On November 20th, both Peter Gene Hernandez, the American singer-songwriter-producer who goes by the professional name Bruno Mars, and New York City-based Warner Music Inc. were named …
By Steve Brachmann
3 months ago 1

Creators of This Is Spinal Tap sue Vivendi for $400M over breach of contract, declaratory judgment of copyright reversion claims

On Thursday, October 19th, the creators of the 1984 rock band mockumentary This Is Spinal Tap filed a second amended complaint against French mass media company Vivendi SA (…
By Steve Brachmann
4 months ago 0

Characters for Hire cite to Naked Cowboy in fighting Disney’s claims of copyright, trademark infringement

Characters for Hire also argued that the trademark infringement claims lacked the essential element of confusion. Citing to Naked Cowboy v. CBS, a case decided in Southern …
By Steve Brachmann
4 months ago 5

Lex Machina Q3 litigation update shows effects of TC Heartland, Oil States on patent case filings

Although patent litigation levels through the first nine months of 2017 have largely remained consistent with patterns from recent years, it does appear that the number of patent …
By Steve Brachmann
4 months ago 1

Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from …
By Lee Burgunder
4 months ago 5

Did The Walt Disney Company and Pixar Steal the Movie Inside Out?

Robins Kaplan LLP filed an Amended Complaint detailing allegations that The Walt Disney Company and Pixar misappropriated the central concept and characters behind the animated hit movie …
By Amanda G. Ciccatelli
5 months ago 1

PETA, photographer settle copyright ownership of monkey selfie

A complaint was filed in the Northern District of California on behalf of Naruto, at the time a six-year-old crested macaque residing in the Tangkoko Reserve located …
By Steve Brachmann
5 months ago 3

District Court Applies New Supreme Court Product Design Standard to Light Bulbs

My intuition is that the judge came to the correct conclusion, but that the Supreme Court test ultimately did little to guide her thinking.  As I mentioned …
By Lee Burgunder
5 months ago 0

Trends in Copyright Litigation for Tattoos

An increasing trend in copyright infringement suits filed in the United States has tattoo artists bringing suit against entertainment entities, and in some cases against the tattoo …