Posts Tagged: Second Circuit Court of Appeals


Social Media Influencers Beware – Street Art Is Protected by Copyright

The U.S. Court of Appeals for the Second Circuit recently confirmed that street art is, in fact, protected by copyright law.  Castillo v. G&M Realty …
By Michael Garfinkel
3 months ago 3

Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service

This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
By IPWatchdog
1 year ago 0

Supreme Court Denies TVEyes v. Fox News, Leaves Intact 2d Circuit Ruling on Market Harm of Transformative Uses

On December 3rd, the U.S. Supreme Court denied a petition for writ of certiorari in TVEyes, Inc. v. Fox News Network, LLC, declining the opportunity to …
By Steve Brachmann
2 years ago 1

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
2 years ago 3

‘Honey Badger Don’t Care’ But the Ninth Circuit Does, Finds Triable Issue of Fact in Gordon v. Drape Creative

Christopher Gordon, under the pseudonym “Randall,” released the Honey Badger movie in 2011 and the 3:20-long video has been viewed more than 89 million times. Gordon filed trademark applications …
By Steve Brachmann
2 years ago 1

Preliminary Injunction Granted to Alibaba Against AlibabaCoin Cryptocurrency Operators

On Monday, October 22nd, U.S. District Judge J. Paul Oetken of the Southern District of New York entered an opinion and order in a trademark case …
By Steve Brachmann
2 years ago 1

Second Circuit Affirms Dismissal of Copyright Infringement Claims as Time-Barred and Based on Non-Credible Testimony

The U.S. Court of Appeals for the Second Circuit recently issued a summary order in Latin American Music Company v. Spanish Broadcasting System affirming a lower …
By Steve Brachmann
2 years ago 0

Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit

???In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. In that ruling, the district court denied …
By Steve Brachmann
2 years ago 0

Copyright Case Against Broadway Musical ‘Anastasia’ Moves Forward

U.S. District Judge Alvin Hellerstein entered an opinion and order denying summary judgment in the Southern District of New York in a case involving the stage …
By Steve Brachmann
2 years ago 1

Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from …
By Lee Burgunder
3 years ago 5

Understanding the Geographic Scope of a Trademark Injunction: Guthrie v. Context Media

Trademark injunctions must take into account both online promotion and future expansion plans. A narrowly-tailored geographically limited injunction can be particularly damaging to growing businesses if the …
By Matt Scyoc
4 years ago 1