Posts in Circuit Courts of Appeal
Supreme Court Ponders Proper Application of the Computer Fraud and Abuse Act
In Van Buren v. United States, argued yesterday, the Supreme Court has a chance to address how the Computer Fraud and Abuse Act (CFAA) applies when a …
Skidmore Seeks a Second Chance at SCOTUS in Led Zeppelin Copyright Case
On October 30, Michael Skidmore, Trustee for the Randy Craig Wolfe Trust, filed a petition for rehearing of the denial of its August 6 petition for writ of certiorari …
Will SCOTUS Tell Bad Spaniels to Roll Over?
Sometimes a dog toy is just a dog toy. Maybe that’s how Sigmund Freud would have put it; certainly, that’s the message from our client, …
DOJ Takes Key Step Toward Breaking Up Big Tech with Antitrust Complaint Against Google
The U.S. Department of Justice and Attorneys General from 11 U.S. states filed a complaint on Tuesday in the United States District Court for the District …
Third Circuit Finds Stick-Shaped Cookie Trade Dress Invalid
Last week, the United States Court of Appeals for the Third Circuit affirmed a decision of the district court that granted summary judgment to Lotte International America …
The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach
The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
Recent Trademark Developments: Four Cases Shaping the Law in the United States and Beyond
Trademark law has seen substantial developments in 2019 and 2020, with four major cases in the United States and Europe rising to the top. The U.S. Supreme Court (…
Ninth Circuit Holds that Jersey Boys Did Not Infringe ‘Protected Expressive Elements’ of Autobiographical Book
Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a decision on appeal from the U.S. District Court for the District of …
Trade Secrets Lessons from Epic Systems v. Tata Consultancy Services
On August 20, the Seventh Circuit in Epic Systems Corp. v. Tata Consultancy Services Ltd & Tata America Interntional Corp d/b/a/ TCS America No. 1950 (7th Cir. Aug. 20, 2020) …
Second Circuit Vacates Trademark Infringement Holding Against Costco For Use of the Term ‘Tiffany’
On August 17, the United States Court of Appeals for the Second Circuit vacated and remanded a decision of the district court in Tiffany & Co. v. Costco Wholesale …
Eighth Circuit Affirms Holding That Disclosure of Source Code Was Authorized Under the Parties’ Agreement
On August 14, the United States Court of Appeals for the Eighth Circuit affirmed in part and vacated in part a district court decision in MPAY Inc. v. …
Guideposts for Determining Whether a Mark is Functioning as a Trademark
Under the Lanham Act, a trademark is any combination of words, names, symbols, or devices that are used to identify and distinguish goods or services and to …
Ninth Circuit Affirms Dismissal of Copyright Infringement Claim Against Disney’s Inside Out Movie
On August 3, the United States Court of Appeals for the Ninth Circuit, in Masterson v. Walt Disney Company, affirmed a district court’s dismissal of Carla Masterson’…
Qualcomm Vindicated in Ninth Circuit Reversal of California Court’s Antitrust Ruling
The U.S. Court of Appeals for the Ninth Circuit today vacated a decision of the U.S. District Court for the Northern District of California finding …
Request for Amici: Tell SCOTUS to Incentivize Original Fictional Characters through Copyright
Some fictional characters are heroes; others are villains. Some mimic reality and others personify fantasy. And some appear in comic books and video games, while others in …
