Posts in Circuit Courts of Appeal


Other Barks & Bites for Friday, February 8

This week in Other Barks & Bites: the Federal Circuit affirms a Section 101 invalidation of patent claims in favor of Mayo Collaborative Services; Apple wins an order to …
By IPWatchdog
13 days ago 0

No License No Cry: Ninth Circuit Nixes Jammin Java Appeal in Bob Marley Trademark Case

Early last month, the U.S. Court of Appeals for the Ninth Circuit issued a memorandum affirming the district court’s grant of partial summary judgment in …
By Steve Brachmann
19 days ago 2

Other Barks & Bites: IP News to Watch, February 1, 2019

This week in Other Barks & Bites: Huawei is in hot water with both the U.S. and UK governments, while Qualcomm has just completed a new patent …

ReDigi 2.0: The Legal Debates Regarding Digital Resale of Copyright Music Likely to Continue

Just after Capitol Records filed its complaint in this litigation, ReDigi launched a new service, called ReDigi 2.0. With ReDigi 2.0, customers would originally download iTunes music files directly …
By Lee Burgunder
2 months ago 2

Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine

The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
By Steve Brachmann
2 months ago 3

‘Honey Badger Don’t Care’ But the Ninth Circuit Does, Finds Triable Issue of Fact in Gordon v. Drape Creative

Christopher Gordon, under the pseudonym “Randall,” released the Honey Badger movie in 2011 and the 3:20-long video has been viewed more than 89 million times. Gordon filed trademark applications …
By Steve Brachmann
3 months ago 1

Proprietary Techniques vs. Employee Rights: The struggle to balance competing interests

It’s football season, so of course we should be talking about beer. Specifically, beer secrets. For fourteen years James Clark had an enviable job at Anheuser-Busch, …
By James Pooley
3 months ago 1

Use of the Book of Wisdom in Reasonable Royalties

Courts consistently focus on the availability of non-infringing substitutes as of the date of the hypothetical negotiation. In most of the cases reviewed, the determination of available …
By Mark Pedigo
3 months ago 1

International Trademark Lessons from the Bayer-Belmora FLANAX Trademark Fight

A closely watched cross-border trademark case finally has been resolved, and the results of the case have implications for global trademark holders. A  U.S. District Court …
By Jennifer Itzkoff
3 months ago 4

Supreme Court to Determine if Bankruptcy Code Allows Debtor to Terminate Trademark License Rights

The U.S. Supreme Court has agreed to hear Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. …
By Steve Brachmann
3 months ago 2

Eight Circuit Reverses Finding that Sturgis Motorcycle Rally Trademarks are Valid

On Friday, November 2nd, the Court of Appeals for the Eighth Circuit issued a decision in Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., et. al. …
By Steve Brachmann
3 months ago 0

Eleventh Circuit Finds No Valid Copyright in Official Code of Georgia Annotated

An analysis of the Official Code of Georgia Annotated led the appellate court to find that the annotations, while not having the force of law, are part …
By Steve Brachmann
4 months ago 0

Second Circuit Affirms Dismissal of Copyright Infringement Claims as Time-Barred and Based on Non-Credible Testimony

The U.S. Court of Appeals for the Second Circuit recently issued a summary order in Latin American Music Company v. Spanish Broadcasting System affirming a lower …
By Steve Brachmann
4 months ago 0

Supreme Court to Hear Rimini Street v. Oracle to Decide if Copyright Act Authorizes Non-Taxable Costs

The U.S. Supreme Court has granted a petition for writ of certiorari to take up Rimini Street v. Oracle on appeal from the Court of Appeals …
By Steve Brachmann
5 months ago 0

Ninth Circuit Vacates and Remands ‘Stairway to Heaven’ Copyright Case Over Erroneous and Prejudicial Jury Instructions

The Court of Appeals for the Ninth Circuit recently issued an opinion in Skidmore v. Led Zeppelin, which vacated-in-part a judgment out of the Central District of …
By Steve Brachmann
5 months ago 7