Posts in Copyright Litigation


Seinfeld Moves to Dismiss Copyright Claims over ‘Comedians in Cars Getting Coffee’

In early February, a copyright complaint was filed in the Southern District of New York against comedian Jerry Seinfeld and a series of companies involved with the …
By Steve Brachmann
1 month ago 3

Copyright Case Against Broadway Musical ‘Anastasia’ Moves Forward

U.S. District Judge Alvin Hellerstein entered an opinion and order denying summary judgment in the Southern District of New York in a case involving the stage …
By Steve Brachmann
1 month ago 0

How Not to Copy: What is Fair and What is Fair Use?

These issues of fairness and fair use are played out in the recent Oracle v. Google decision. In a convoluted case that has gone up to the …
By Raymond Van Dyke
2 months ago 0

Pepe the Frog Creator Files Copyright Suit Against Infowars over Use of Pepe Likeness on Donald Trump Poster

Artist Matt Furie, the creator of the Pepe the Frog anthropomorphic frog character that has gained notoriety for its use in Internet memes, filed a complaint for …
By Steve Brachmann
2 months ago 0

Google’s use of Java API packages in Android OS not a fair use

The Federal Circuit found Google’s use of Java API packages in it's Android operating system was not a fair use as a matter of law, resurrecting …
By Gene Quinn
2 months ago 15

Iconic Michael Jordan Photograph Not Infringed – Ninth Circuit

The case is interesting, however, not just because it involved famous subjects – a “renowned photographer” (as the Plaintiff was described in the court’s first sentence), a …
By David Levitt
2 months ago 1

Ninth Circuit says ‘Blurred Lines’ Infringed Marvin Gaye’s ‘Got To Give It Up’

On Wednesday, March 21, 2018, a panel of the United States Court of Appeals for the Ninth Circuit ruled that the song Blurred Lines infringed the copyright in Marvin …
By Gene Quinn
2 months ago 1

Miley Cyrus Hit With Copyright Suit Alleging “We Can’t Stop” Copied from 1988 Reggae Hit

Attorneys representing Jamaican songwriter Michael May filed a suit for copyright infringement in the Southern District of New York. At issue in the case are musical elements …
By Steve Brachmann
2 months ago 1

District Court Challenges Legality of Embedding Copyrighted Content

On February 15, 2018 a New York district court judge – in Goldman v. Breitbart News Network – challenged the reasoning of Perfect 10, and she concluded that one who embeds content …
By Lee Burgunder
2 months ago 1

Judge Finds Taylor Swift Lyrics Lack Originality and Creativity

So uncreative did Judge Michael Fitzgerald find Taylor Swift's 2014 hit Shake It Off, he dismissed a copyright infringement case filed against her. In his opinion Judge Michael …
By Gene Quinn & Steve Brachmann
3 months ago 62

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
3 months 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
4 months 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
5 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
5 months ago 1