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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
‘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, …
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 …
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 …
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 …
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 …
