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Intellectual Property - Copyright - The World In U.S. Courts: Spring 2019
Plaintiff Cady Noland is an artist whose work includes a wooden sculpture in the form of the façade of a log cabin. The work had been placed outdoors and the owner replaced
United States
27 Jun 2019
The World In U.S. Courts: Spring 2019
Please click on the area of law you are interested in (for example, "Intellectual Property – Trademark," and you will be brought to all of the case summaries relating to it
United States
24 Jun 2019
Comment Period On Regulations Relating To Mechanical Licensing Collective Created By The Music Modernization Act
On March 13, 2019, the Copyright Royalty Judges issued regulations regarding the procedures for determination and allocation of assessments to fund the mechanical licensing collective ...
United States
9 Apr 2019
Senate Judiciary Committee Creates IP Subcommittee To Combat IP Theft
Last week, the United States Senate Judiciary Committee announced the creation of a new subcommittee on intellectual property
United States
18 Feb 2019
Intellectual Property - Copyrights - The World In U.S. Courts: Summer-Fall 2018
Goes is a Swedish company that markets the copyrighted video game, Bubble Bust! It sued Dodur, a Chinse company, for copyright infringement in connection with Dodur's marketing of a similar game...
United States
6 Dec 2018
A Brie-F Tale Of Copyright And Cheese To Share At Thanksgiving Dinner
In an unfortunate queso failed copyright claims, Levola Hengelo, a Dutch food processor of once Humboldt beginnings, has lost a court case in which it attempted to enforce copyright protection in the taste of its cheese product, Heks'nkaas.
United States
26 Nov 2018
Misappropriation Versus The Copyright Act: Round 2 In The Fifth Circuit
A few months ago, Trade Secrets Watch covered the GlobeRanger Corp. case in which the Fifth Circuit joined 10 other circuits in determining that the Copyright Act does not preempt state trade secret...
United States
23 Feb 2017
New DMCA Designated Agent Requirements Effective December 2016
On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents...
United States
13 Dec 2016
Tenth Circuit Rules That Invocation Of IP Rights Is Presumptively Valid Defense To Antitrust Refusal To Deal Claims
In SOLIDFX, LLC v. Jeppesen Sanderson, Inc., Case Nos. 15-1079 and 15-1097, the Tenth Circuit aligned itself with the First and Federal Circuits to hold that the invocation of intellectual property rights...
United States
10 Nov 2016
REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim
Software's ability to seemingly transcend patents, copyright, and trade secrets makes it challenging to decide which will provide the best way to enforce those rights.
United States
27 Sep 2016
Piracy Pays (The IP Owner) – Judge Whyte Grants Motion For Default Judgment After Awarding Sanctions In Unauthorized Software Distribution Case
Everyone in the software field (and probably every computer user) is familiar with Adobe and at least one of its products, including Acrobat and Photoshop.
United States
22 Sep 2016
The World In US Courts: Orrick's Quarterly Review Of Decisions Applying US Law To Global Business And Cross-Border Activities - Spring 2016
We are pleased to announce the latest issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities.
United States
7 Jul 2016
Judge Koh Nominated For Ninth Circuit
We here at the blog would like to congratulate Judge Lucy Koh for being nominated by President Obama to sit on the Ninth Circuit Court of Appeals.
United States
9 Mar 2016
Monkey Business: A Primate Can't Claim Copyright In Selfies
Judge Orrick's decision turned on the issue of statutory standing – i.e., whether Congress has granted a particular plaintiff a right to sue under the statute at issue.
United States
11 Feb 2016
Managing Litigation In The Ever-Changing Landscape Of Copyright And Trademark Law
It is an exciting time to be a copyright and trademark litigator. Important issues are finding their way to the steps of the United States Supreme Court at a rate that was unprecedented just a few years ago.
United States
27 Nov 2015
A Purr-fect Opinion On Copyright Registrations
Cat videos are one of the most popular types of user-uploaded Internet videos. It is unsurprising, then, that there is now cutting-edge copyright case law about a cat-themed video game.
United States
25 Nov 2015
Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices
In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a "takedown" notice to content platforms such as YouTube.
United States
17 Sep 2015
Fifth Circuit Revisits Copyright Preemption Of Trade Secret Law
The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank.
United States
28 Jul 2015
Strong IP Protections Are Good For Workers, Good For The Economy
Manufacturers continue to urge U.S. negotiators to pursue a Trans-Pacific Partnership (TPP) trade agreement that opens markets, protects intellectual property rights and enables cutting-edge innovation.
United States
29 May 2015
First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies
A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies.
United States
6 May 2015
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