Searching Content indexed under Copyright by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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Rogers Gets A Rewrite: District Court Modifies First Amendment Analysis For Lanham Act Claims
Since the 1989 case of Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), courts have applied the Rogers test when an artistic work is alleged to have infringed...
United States
18 Oct 2019
We Have Liftoff: Court Of Federal Claims Allows Copyright Infringement Suit Against NASA To Launch Fourteen Years After Initial Allegedly Infringing Act
The Court of Federal Claims ("CFC") recently held that claims of copyright infringement related to the distribution and display of a photograph posted online in 2004
United States
11 Oct 2019
Comparative Legal Guide, Intellectual Property
In this Q&A, Finnegan attorneys Brian Kacedon, Adriana Burgy, Marcus Childress, Samhitha Medatia, and Christina Yang provide an overview of intellectual property laws and regulations
United States
3 Oct 2019
Rasta Can Protect "Fruits" Of Its Labor – Banana Costume Found Copyrightable
The Third Circuit—in a case of first impression—recently held that a full-body banana costume was copyrightable under the Supreme Court's decision...
United States
23 Sep 2019
Inaccurate Copyright Application, Without A Plausible Excuse From The Copyright Owner, Leads To Invalidation Of Registration
In defending against Sanctuary Clothing's claim that Fiesta Fabrics knowingly included inaccurate information in its copyright application, Fiesta pled ignorance of the law
United States
11 Jul 2019
Supreme Court To Determine Copyright Protection For Legal Annotations And Commentary
On June 24, 2019, the U.S. Supreme Court agreed to consider whether state and local governments, as well as legal publishers,
United States
8 Jul 2019
Latest Update: Publication Of The New EU Copyright Directive And Discussion On Implementation
On April 15, the Council of the EU approved the new Directive on Copyright in the Digital Single Market (now titled Directive 2017/790). The Directive has a clear objective, to modernise the legislative framework
European Union
13 Jun 2019
Is Kanye Really A Creative Genius? Yeezy Boost Designs Could Confirm
Having disrupted the music industry through his controversial and thought-provoking music, it is no wonder that Kanye West had a similar
United States
11 Jun 2019
Infringement Plagues Pharaoh's Fortune
It makes sense to think that the "graphics and sound" in casino games are important. But are they so important that where the owner of a casino game uses another party's artwork without permission—thus infringing the artwork owner's copyright—the artwork owner is
United States
27 May 2019
Top Tips For New Businesses: Essential Intellectual Property Considerations
As a new business, developing an IP strategy from day one is essential. IP is one of your company's most valuable assets and therefore laying the foundations for robust long-term protection
United States
22 May 2019
What You Should Know About Contributor License Agreements In Open Source Projects
It is not unusual for a commercial software package to consist of millions of lines of code, with customized software combined with preexisting software, such as libraries, interfaces,
United States
21 May 2019
Fortnite's Pop Culture References Risk IP Infringement
Fortnite has been a massive success for publisher Epic Games. Released in 2017, the title raked in $2.4 billion in digital revenue last year
United States
21 May 2019
EU Council Officially Approves European Copyright Law Reforms: A New Digital Age Is Born
After over two years of deliberation, protests, and fierce debate, the European Parliament (EP) adopted the new Directive on Copyright in the Digital Single Market on March 26, 2019.
European Union
1 May 2019
Not Quite So Sweet: POPSUGAR's Removal Of Instagram Sidebar Leads To A Loss On All Fronts
Can removing an author's identifying information when posting the author's work on Instagram constitute copyright infringement? Yes, the Northern District of California said recently.
United States
10 Apr 2019
Supreme Court Defines "Full Costs" With Respect To The Copyright Act
The Supreme Court reversed a $12.8 million award to Oracle USA, Inc. ("Oracle"), finding that the phrase "full costs" in section 505 of the Copyright Act encompasses ...
United States
15 Mar 2019
SCOTUS: Pending Application Is Not Enough - Copyright Registration Is A Prerequisite To Filing Suit
The U.S. Supreme Court rendered a unanimous decision in an opinion penned by Justice Ruth Bader Ginsburg regarding whether 17 U.S.C. § 411's requirement ...
United States
15 Mar 2019
The Copyright "Meme" Game: Can An Internet Meme Containing A Copyrighted Work Be Considered Infringing?
The abundant use of memes in social media raises many legal issues, including copyright infringement and fair use, that are now beginning to be addressed.
United States
1 Feb 2019
Viral Is Still Copyrighted, Even To Learn Where Trump Is
While attending his friend's wedding at the Trump National Golf Club in New Jersey in June 2017, Jonathan Otto took a photograph of a certain wedding crasher: the president himself.
United States
25 Jan 2019
Supreme Court Mulls Circuit Split On When A Copyright Is Registered In Fourth Estate v.
In this article, Finnegan attorneys Margaret Esquenet and Jonathan Uffelman discuss the case.
United States
23 Jan 2019
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