Posts in Circuit Courts of Appeal


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
2 days 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
14 days 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
17 days ago 7

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
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
2 months ago 1

Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit

???In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. In that ruling, the district court denied …
By Steve Brachmann
5 months 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
7 months ago 0

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
7 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
7 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
7 months ago 1

FTC can Proceed Against AT&T for Throttling Data Speed of ‘Unlimited’ Data Users

AT&T Mobility argued in a motion to dismiss that they were exempt from the jurisdiction of the Federal Trade Commission (FTC) because they qualify as a "…
By Gene Quinn
8 months ago 3

No DMCA safe harbor for Cox’s 13-strike policy for terminating repeat infringers

On February 1, 2018, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case, BMG Rights Management LLC v. Cox Communications, Inc. The …
By Heather Smith-Carra
8 months ago 5

Twentieth Century Fox Television Wins Trademark Case, ‘Empire’ Does Not Infringe

The 9th Circuit affirmed the title 'Empire' was speech protected under the First Amendment and did not infringe trademarks owned by Empire Distribution... The panel instead determined …
By Steve Brachmann
11 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
1 year ago 5

2nd Circuit upholds most of district court judgment in trademark case brought by Swiss army knife maker Victorinox

On Tuesday, September 19th, Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court …
By Steve Brachmann
1 year ago 0

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