Intellectual Property
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.
Cardi B Is Heading to Trial Over Her Tattooed Album Cover
Sara GatesCardi B and her entertainment company recently learned the hard way that when you use a photograph from Google Images on an album cover, you may wind up in a lengthy lawsuit that turns out to be one of the statistical few that go to trial.
The Internet Archive National Emergency Library – A National Treasure In Uncertain Times or Mass Piracy?
Joseph Petersen, James Trigg, and Olivia PoppensPublishers allege not only that the NEL constitutes broad copyright infringement, but that the entirety of the Internet Archive’s library services do as well.