Posts Tagged: Copyright


China’s copyright regulator tells foreign and domestic music companies to improve copyright licensing, reducing piracy

In mid-September, the federal government of the People’s Republic of China issued statements which indicate that the country is looking to expand upon recent rhetoric over …
By Steve Brachmann
2 days ago 1

District Court Applies New Supreme Court Product Design Standard to Light Bulbs

My intuition is that the judge came to the correct conclusion, but that the Supreme Court test ultimately did little to guide her thinking.  As I mentioned …
By Lee Burgunder
3 days 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
13 days ago 0

It’s time to talk about a longer patent term in America

The brief duration of the patent term is why a patent is considered a wasting asset. Today, given the erosion of the patent rights over the last 12 …
By Gene Quinn
23 days ago 17

Showtime files copyright suit against Mayweather-McGregor livestreaming sites

There are major concerns that websites enabling consumers to access streaming video illegally without paying, in violation of copyright, could hamper the fortunes of those broadcasting the …
By Steve Brachmann
28 days ago 0

Atari files suit against Nestlé for Kit Kat ad campaign that infringed on Breakout video game

Atari Interactive Inc. filed a lawsuit alleging trademark and copyright infringement claims against Swiss food and drink company Nestlé SA (VTX:NESN). The suit targets a worldwide …
By Steve Brachmann
1 month ago 0

Lex Machina commercial litigation report shows that one-fifth of commercial cases include IP claims

The total number of intellectual property claims included in all commercial cases is higher than the figure of 11,643 commercial cases including at least one IP claim. “It …
By Steve Brachmann
1 month ago 0

Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases

Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is …
By Robert Tremblay
1 month ago 0

Can cake designs result in intellectual property protection?

Excluding any questions regarding the rare patentability of a cake recipe, cake designs, under certain circumstances, may be protected under the laws of copyright and trademark. Specifically, …
By Amanda G. Ciccatelli
2 months ago 2

Leveraging copyright protection for design aspects of useful products

Instead of using claims of trademark infringement and more expensive design patent infringement (if a design patent is even obtained), one can expect manufacturers of useful articles …
By Amanda G. Ciccatelli
2 months ago 2

In the Era of Spotify and Pandora Where Do ASCAP and BMI Fit?

In traditional music recording, artists have had to choose to license their music through major music industry organizations like ASCAP and BMI. In the age of streaming …
By Derek Handova
2 months ago 2

Copyright Preemption in the Smart Phone Society: The Ninth Circuit Clouds the Picture in T3Media

There is no question that smart phones have transformed the social and economic structure of society, and the integration of increasingly effective cameras has helped spark the …
By Lee Burgunder
2 months ago 1

Warner Bros. settles $80M copyright suit brought by Tolkien estate over LOTR online video and casino gambling games

On July 5th a federal judge entered an order granting the dismissal of a copyright case, which had been filed by the estate of famed English fantasy …
By Steve Brachmann
3 months ago 1

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
3 months ago 4

Spotify reaches $43.5M settlement over class action suit on unpaid royalties for copyrighted songs

The $43.5 million from the recent Spotify settlement will reportedly go towards a separate fund to compensate publishers and songwriters. Such payments made by Spotify and other streaming …
By Steve Brachmann
4 months ago 0