IP Licensing Litigation
Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe Harbor for Websites Relying on Moderators
A controversial ruling by the Ninth Circuit Court of Appeals was issued last week, which has the potential to discourage websites from relying on moderators for user-generated content going forward. In the case of Mavrix Photographs LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. filed April 7, 2017), the Court ruled that agency law applied…
Read MoreLessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams
A verdict was reached earlier this week in the copyright infringement case between Robin Thicke and Pharrell Williams and the children of Marvin Gaye, finding that the 2013 song “Blurred Lines” infringed on the copyright in Marvin Gaye’s 1977 song “Got to Give it Up.” Tech Times reported that Gaye’s children have been awarded $4…
Read MoreSuccessfully Managing Intellectual Property Disputes as an Early-Stage Start-up
TechCrunch posted an article this afternoon written by attorney David Soofian, which caught my attention, addressing the issue of what to do as a young start-up if you are sued for patent infringement. In particular, the article addressed the challenges posed by so-called patent trolls, who use “weak patents to go after young tech…
Read MoreGetty Images Copyright Dispute Against Microsoft to Challenge Legality of Recently Released Widget
Getty Images made news in the copyright world this week by filing a complaint against Microsoft Corporation in the Southern District of New York for “infringing and facilitating the massive infringement of [its] copyrights” through its release of the new Bing Image Widget service. To review the full complaint, click here. The case is significant…
Read MoreLandmark Copyright Verdict Against Media Companies Serves as Cautionary Tale to All
In case you missed the headlines late last year, freelance photographer Daniel Morel was awarded a $1.2 million damage verdict against Agence France-Presse (“AFP”) and Getty Images after it was found that they willfully infringed Mr. Morel’s photos of the 2010 earthquake in Haiti. The verdict caught my attention given the fact so many clients…
Read MoreSupreme Court to Hear Streaming TV Over the Internet Case
Like many cable and satellite TV consumers these days, I have been closely following the new options on the market for streaming TV service and hoping that the day will soon come when I can significantly reduce my monthly subscription costs without cutting off my access to live TV. With the cost of living…
Read MoreApple Trademark Dispute with Proview Becomes a Global Fight
Apple’s trademark dispute with Proview is now being fought on two fronts: at the local level in China and here in Silicon Valley. The Wall Street Journal is reporting that Proview has filed a lawsuit in Santa Clara County Superior Court claiming that Apple committed fraud when it used a company called IP Application Development…
Read MoreLessons for Silicon Valley Companies in Apple Trademark Dispute
In case you have not been following the story, Apple has found itself in the middle of a trademark dispute in China over the use of its mark “iPad,” as MSNBC reported on its website yesterday. You might wonder how in the world this happened, given Apple’s large, IP savvy legal department and the fact…
Read MoreSeventh Circuit Court of Appeals Issues Ruling Which Affirms Rights in an Exclusive License to Joint Intellectual Property
I just spent about five hours on the phone with multiple clients over the last few weeks explaining to them the ins and outs of exclusively licensing joint intellectual property, so I was pleased to see the decision of the Seventh Circuit Court of Appeals in the Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Appeal…
Read MoreDecision Reached in Case that Challenged Patent Rulemaking Authority by USPTO
The Federal Circuit has reached a decision in Tafas v. Doll, which is a case that challenged the rulemaking authority of the USPTO. As I explained at the California Biotech Law Blog, the particular patent rules at issue are Rules 75, 78, 114, and 265, which are as follows: Final Rule 78: This rule provided…
Read MoreAnticipating Likely Copyright Battle, Amazon Backs Down Over Kindle 2 Audio Feature
Anticipating a likely copyright battle over its new Kindle 2 audio feature, Amazon has backed down on its previous position and announced that publishers and authors will be able to decide whether to enable the feature. The Author’s Guild first signaled that a fight was brewing when it issued a February 12th alert over the…
Read MoreAssociated Press Alleging Artist Stephen Fairey Infringed President Obama Photograph
Did artist Stephen Fairey commit copyright infringement when he painted the image of President Obama and based that painting on a photo owned by the Associated Press? The Associated Press has approached Mr. Fairey and is claiming that he has in fact infringed their copyrighted photo. A photo of course is generally protected under Copyright…
Read MoreShould Your Business Conduct an IP Licensing Audit?
Entrepreneur.com ran an article this month, which advised business owners to practice “preventive lawyering” or “litigation avoidance” by conducting audits in some key areas of the business such as contracts and intellectual property. I agree with the advice in this article. Regardless of their size, businesses need to conduct a periodic review of their operations…
Read MoreCopyright Reform: Is it Time to Take Patent Reform Off the Table and Work on Copyright Reform?
Given where we are on the patent reform debate, is it time to move patent reform off the table and work on copyright reform? If you haven’t heard many calls for this lately, you are not alone, but according to Wired, Judge Miriam Hall Patel, who presided over the Napster case has had time to…
Read MoreRetired NFL Players Win Verdict Against Union For Failing to Include Them in Licensing Deals
A verdict was reached yesterday in an interesting case filed by retired NFL players against the players union for failing to include them in lucrative licensing deals involving video games and other sports products. NFL Gridiron Gab reported on the verdict as follows: NFL Players Association was ordered by a jury on Monday to pay…
Read MoreSupreme Court to Consider Fantasy Baseball Case: Do Players’ Names and Statistics Constitute Major League Baseball Intellectual Property?
The Supreme Court is considering whether to take a case which would address the issue of whether major league baseball players’ names and statistics constitute the intellectual property of Major League Baseball, requiring the payment of a royalty fee. Fox News reported on the case as follows: St. Louis-based company called CBC Distribution and Marketing…
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