Posts Tagged: fair use

The Commodores Trademark Lawsuit and its Effect on IP in Entertainment

Grammy Award winning funk, soul band The Commodores—whose hit singles include Easy and Brick House—recently won a trademark infringement lawsuit against its ex-bandmate and founding …
By Amanda G. Ciccatelli
1 month ago 0

Facebook announces three firms will integrate with Rights Manager for automated protection of copyrighted content

Early this October, Facebook announced a partnership with three entities that will be integrated with the Rights Manager suite to offer rights management as a service on …
By Steve Brachmann
5 months ago 0

Dr. Phil wins copyright case against former segment director who had alleged false imprisonment

It’s not everyday that a copyright case involves claims of false imprisonment but an order granting summary judgment entered on August 30th in the Eastern District …
By Steve Brachmann
7 months ago 0

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
8 months ago 0

The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement

A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word …
By Amanda G. Ciccatelli
9 months ago 4

Copyright litigation in 2016 saw rise in textile plaintiffs, decline in file sharing cases

The most active defendants in copyright lawsuits include department store chain Ross Stores, Inc. (NASDAQ:ROST), which was named as a defendant in 276 cases. Following Ross Stores …
By Steve Brachmann
1 year ago 2

Second Circuit rules against Luis Vuitton in trademark parody case

The Second Circuit Court of Appeals affirmed the decision of the Southern District Court of New York in Louis Vuitton Malletier, S.A. v. My Other Bag, …
By Matt Scyoc
1 year ago 0

Real-Life Star Trek Battle of Axanar Is Heating Up

A copyright infringement battle of intergalactic proportions between Plaintiffs CBS and Paramount Pictures, and the company (along with its principal Alec Peters) looking to produce the crowdfunded …
By Dan Bonilla
1 year ago 34

Tiffany & Co. Successfully Asserts Trademark Infringement Claims Against Costco

On October 5, 2016, a jury in Tiffany and Co. v. Costco Wholesale Corp. – litigated before Judge Swain of the Southern District Court of New York – awarded Tiffany & Co. (…
By Matt Scyoc
1 year ago 0

Year End Review: Insiders Reflect on the Biggest Copyright and Trade Secret Moments of 2016

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of 2016. For us …
By Gene Quinn
1 year ago 2

Recent study on lost copyright royalties may reopen WTO case on Section 110 exemptions in U.S.

A recent report from French consulting firm PMP Conseil made waves in the media for indicating that public performance exemptions in U.S. copyright law, such as …
By Steve Brachmann
1 year ago 0

Using ‘Borrowed’ Images in Your Blog

An engaging image, be it a photograph or other graphic, can capture the reader’s attention and drive interest in an online post. Bloggers, especially, are well …
By Leonard Marquez
2 years ago 1

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn
2 years ago 2

Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law

Judge Leval found fair use and ruled in favor of the defendants. However, this was quickly reversed and remanded by the Second Circuit Court of Appeals under …

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
3 years ago 2