Intellectual Property
Oracle v. Google: It’s Not Over
Moon Hee LeeThe Court’s decision may have ended the decade-long fight between Google and Oracle, but sets the stage for decades of future copyright litigation.
When Copyright Met Cryptocurrency: A Conversation About NFTs
Jeff HermesMLRC deputy director thinks through non-fungible tokens.
Sixth Circuit Clarifies When Online Marketplaces Can and Can’t Be Liable for Direct Trademark Infringement
Sam ZeitlinThe court held that direct trademark liability is limited by the Lanham Act’s requirement that the defendant “use” the mark in a way the Act prohibits, and as a result “some trademark-infringing activity does not create liability.”
King Takes Rook: Eleventh Circuit Affirms Summary Judgment for Dark Tower
Vincent CoxThe suit raised the typical array of copyright issues relating to such matters as ownership, access, and substantial similarity of protectible expression. Complicating those issues were the long passage of time between creation of the works and the claim of infringement.
Second Circuit “Clarifies” (Restores?) Law Governing Fair Use
Kenneth P. NorwickThe court not only reversed pretty much the entirety of the extensive decision of the SDNY judge under review but it came close to disowning one of its own most important (and controversial) recent fair use precedents.
The Colors on a Rubik’s Cube are Nonfunctional? Really?
Jeff HermesIn this article, I will focus on one aspect of the report: the magistrate’s ruling that the coloration of the Rubik’s Cube is not functional, and therefore eligible for trade dress protection. Because, what?
Copyrights and Constitutional Takings
Leslie Gardner MasonIs a governmental unit’s use of a copyrighted photo without permission considered a constitutional taking? The Supreme Court of Texas is faced with this question.
Courier Journal Beats Back Trademark Infringement Lawsuit from Makers of DERBY-PIE®
Michael AbateThe court held that the news articles challenged in the lawsuit do not constitute “trademark use” and therefore the Lanham Act does not even apply.
Lessons from the Nicki Minaj Copyright Judgment
Jason BloomTracy Chapman accepted a Rule 68 offer of judgment from Nicki Minaj, in a copyright infringement suit alleging that Minaj copied and distributed Chapman’s song Baby Can I Hold You without a license.
CASE Act Signed, Sealed, and Delivered – Copyright Small Claims Court Coming Soon
Scott J. SholderThe latest amendment to the Copyright Act of 1976 creates a long-awaited new home for the litigation of lower-value copyright cases.