Posts in Copyright Litigation


IPWatchdog LIVE Panel Examines Google v. Oracle: SCOTUS Punted on Copyrightability

Yesterday at IPWatchdog LIVE, a morning panel discussed “The Impact of Google v. Oracle on Fair Use.” That decision of the U.S. Supreme Court, issued this …
By Steve Brachmann
6 days ago 1

USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities

On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the United States Patent and Trademark Office (USTPO) provided a report to Congress …

Ninth Circuit Reverses Win for the Turtles’ Rights Owners Under California Law on Copyright for Public Performance

The U.S. Court of Appeals for the Ninth Circuit on Monday ruled that California common law on copyright protection does not include a right of public …
By IPWatchdog
27 days ago 0

The Federal Circuit Must Correct Texas Court’s Misapplication of Copyright Law in SAS Institute Appeal

SAS Institute is a software company in North Carolina. Founded in 1976, it employs thousands of people in the United States and thousands more around the world. World …
By Steven Tepp
29 days ago 6

Eighth Circuit to Realty Companies: Try Fair Use Next Time to Legally Publish Floorplans

The U.S. Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate …
By Eileen McDermott
1 month ago 0

Investor Group Buys Half of Prince’s Tightly Controlled but Intellectual Property-Attractive Estate

With the value of his music catalogue still subject to an ongoing dispute between the trust managing his estate and the IRS, Prince, who died in 2016, has …
By Bruce Berman
2 months ago 0

Davis v. Pinterest: Pinterest Pins Victory in Contributory Copyright Infringement Claim – But Decision May Open a Door for Future Suits

On March 9, 2021, a federal court in the Northern District of California dismissed the contributory infringement claim first filed by Harold Davis (hereinafter, “Davis”), the Plaintiff, on November 20, 2019 …
By Manasvi Sharma
3 months ago 0

Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement

On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
By Steve Brachmann
4 months ago 1

Why SCOTUS’ Decision to Sidestep Copyrightability in Google v. Oracle is Problematic for Cases Involving Command Codes

On April 5, the U.S. Supreme Court held 6-2 that Google’s copying of 11,500 lines of code from the Java SE Application Programming Interface (API) in creating …
By Yeshesvini Chandar
4 months ago 0

‘Holding States Accountable for Copyright Piracy’: White Paper Says Allen v. Cooper Has Put Creators and Copyright in Jeopardy

Last week, the Regulatory Transparency Project of the Federalist Society released a paper titled “Holding States Accountable for Copyright Piracy.” The paper was authored by Alden Abbott, …
By Rebecca Tapscott
4 months ago 1

Copyrights Help SMEs Bring Their Ideas to Market – Especially if They’re Registered

Discussion around intellectual property strategies for small and medium enterprises (SMEs) often focus chiefly on patent and trademarks. But the benefits of copyright to a small business …

The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle

Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
By Darius Gambino
5 months ago 42

The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results

For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never …
By Gene Quinn
5 months ago 208

Stakeholders Speak Out on Google v. Oracle

On Monday, the U.S. Supreme Court handed down a ruling that still has many in the intellectual property world reeling—and not just copyright practitioners. The …
By IPWatchdog
6 months ago 0

Second Circuit: Museum’s Online Exhibit Featuring ‘Frankenstein’ Guitar Photo was Fair Use

On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum …
By Eileen McDermott
6 months ago 1