Posts Tagged: Copyright Litigation


Presumption of Guilt: How Microsoft Won a Protracted Battle on Unlicensed Software in Ukraine

In June 2019, five-years of legal proceedings between Microsoft and Zhytomyrgas PJSC in the Ukrainian courts came to an end. The parties began their battle in the context …
By Ivan Nikitchenko
23 days ago 0

Five Practical Settlement Strategies to Get Your Client Out of Dodge

Let’s face it, intellectual property (IP) litigation is a very expensive and risky endeavor. For the accused infringer, the prospect of going to trial means high …
By Geoffrey Lottenberg
2 months ago 1

CJEU Backs Kraftwerk in Music Sampling Copyright Case

The Court of Justice of the European Union (CJEU) has ruled that a phonogram producer can prevent another person from taking a sample, even if it is …
By James Nurton
2 months ago 1

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …
By Gene Quinn & Steve Brachmann
8 months ago 1

ReDigi 2.0: The Legal Debates Regarding Digital Resale of Copyright Music Likely to Continue

Just after Capitol Records filed its complaint in this litigation, ReDigi launched a new service, called ReDigi 2.0. With ReDigi 2.0, customers would originally download iTunes music files directly …
By Lee Burgunder
9 months ago 2

Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine

The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
By Steve Brachmann
9 months ago 3

Ninth Circuit Vacates and Remands ‘Stairway to Heaven’ Copyright Case Over Erroneous and Prejudicial Jury Instructions

The Court of Appeals for the Ninth Circuit recently issued an opinion in Skidmore v. Led Zeppelin, which vacated-in-part a judgment out of the Central District of …
By Steve Brachmann
12 months ago 7

Ninth Circuit finds no Copyright Infringement by Owner of Infringing IP Address

On appeal, the Ninth Circuit panel found that the district court had properly dismissed both the direct and the contributory infringement claims with prejudice. Although Cobbler Nevada …
By Steve Brachmann
1 year ago 0

Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit

In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi …
By Steve Brachmann
1 year ago 0

Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites

Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
By Steve Brachmann
1 year ago 2

Litigating Copyrights: Is Registration required to get into Court?

While registration is required in order to file a lawsuit for copyright in federal court, there is currently a circuit split with regard to what part of …
By Katie Scholz
1 year ago 1

Copyright and Tattoos: Who owns your ink?

As of 2012, one in five adults in the United States have at least one tattoo.  While some designs are simple, many are incredibly complex, original works of …
By Katie Scholz
1 year ago 9

Northern Florida District Judge Decides That Dentist’s Copyright Claims Have No Bite

On June 20th, U.S. District Judge Mark Walker of the Northern District of Florida issued an order on summary judgment which terminated Pohl v. Officite, a …
By Steve Brachmann
1 year ago 1

Oracle America v. Google, Free Java: Fair or Unfair?

The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, …
By Jie Lian
1 year ago 3

Graffiti: Copyrightable Art, Illegal Activity, or Both?

While existing graffiti may indeed provide a tempting edge for a new marketing campaign, or as the backdrop for a great commercial, companies will need to decide …
By Katie Scholz
1 year ago 5