Posts Tagged: copyright litigation


Patent litigation returning to pre-2013 levels, says Lex Machina

During 2016’s second quarter, plaintiffs filed a total of 1,282 patent infringement cases in U.S. district court. This is a 33 percent increase in the 958 patent cases filed …
By Steve Brachmann
3 days ago 0

NYIPLA Proposes Supreme Court Adopt a New Test for Copyright Protection in Cheerleader Uniform Case

This case concerns Star Athletica’s alleged infringement of Varsity Brands’ purported copyrights in the design of certain cheerleading uniforms. Under the Copyright Act, because clothing possesses …

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Just how much knowledge about piracy on its system does an online service provider need before it loses its safe harbor protection, which severely limits its potential …
By Devlin Hartline
1 month ago 1

Supreme Court Emphasizes Objective Reasonableness for Fee Awards in Copyright Litigation

Justice Kagan stated as one primary factor that a District Court should put substantial weight on the reasonableness of the losing party’s position. The lower courts …
By Jon Tandler
1 month ago 0

Objective reasonableness important factor in awarding attorney’s fees in copyright litigation

In exercising this discretion the Supreme Court held that district courts should consider the objective reasonableness of the losing party’s position, but that the objective reasonableness …
By Gene Quinn
1 month ago 0

Recent Changes in Insurance Policy Forms Leaving Companies Exposed to Risk of Copyright Claims

There has been a recent trend by insurance companies to change their policy forms and use language that provides substantially less coverage for these kinds of claims. …
By Joseph G. Balice
2 months ago 0

IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann
3 months ago 1

SCOTUS should adopt flexible, case-specific approach to attorneys’ fee awards in copyright cases

The IPO recently filed an amicus brief at the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc. supporting a flexible approach to awarding attorneys’ fees. Oral …
By Gunnar Gundersen
5 months ago 0

2015 litigation trends highlight increased patent litigation, decreases in file sharing cases

2015 saw the second-most patent infringement cases brought to court, according to Lex Machina’s data. A total of 5,830 patent cases were filed, a 15 percent increase over the 5,070 …
By Steve Brachmann
7 months ago 0

‘Happy Birthday To You’ Now In the Public Domain (Sort of)

For as long as I can remember, whenever we celebrated a birthday, we inevitably would gather around the birthday boy or girl and sing “Happy Birthday To …

To the Batmobile! Copyright Saves the Day in Gotham City

Mark Towle owns Gotham Garage, which manufactures and sells replicas of automobiles featured in famous motion pictures and television programs. Gotham Garage specifically sold fully constructed cars …
By Brian Focarino
10 months ago 0

Dancing Baby Center of Test Case Over Bad DMCA Takedown Requests

In February 2007, Stephanie Lenz uploaded a 29-second video of her son dancing in her kitchen to the Prince song “Let’s Go Crazy” to YouTube. Universal Music …
By Brian Focarino
10 months ago 2

Brains, Blood, Sweat, and Tears: Derivative Works and the Walking Dead Licensing Controversy

Three-time Oscar nominee Frank Darabont (The Green Mile; The Shawshank Redemption) brought the The Walking Dead TV show to life. He wrote, directed, and produced the pilot …
By Amanda Bacoyanis
10 months ago 0

Jury Tells Robin Thicke to Give it Up

Thicke maintains that the Gaye family doesn't own a genre, a style, or a groove and he’s right. The Gayes point out no other musicians or …
By Beth Hutchens
1 year ago 5

How Sweet it is to be Sued by You (for copyright infringement)

Marvin Gaye enjoyed tremendous success during this decade and his song Got to Give it Up topped the charts in 1977. Fast forward nearly forty years to 2013, when …
By Beth Hutchens
1 year ago 23