The ongoing dispute between Brandy Melville and Redbubble over trademark and copyright infringement continues. Despite previous setbacks, Brandy Melville has filed a new lawsuit against Redbubble, alleging the sale of counterfeit products and copyright infringement. Scott Hervey and Jamie Lincenberg from Weintraub Tobin explore the history of the dispute, the claims made in the new complaint, and potential legal strategies moving forward.Continue Reading The Briefing: Brandy Melville Doubles Down Against Redbubble
The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
Delve into the complexities of vicarious infringement and DMCA violations in AI training. Scott Hervey and James Kachmar from Weintraub Tobin dissect the recent district court ruling on OpenAI’s copyright infringement allegations on this installment of “The Briefing.”Continue Reading The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
Unraveling the Statute of Limitations in Copyright Infringement Cases
In the realm of copyright law, determining the scope of damages and the applicability of the statute of limitations remains a contentious issue. The Supreme Court case of Nealy v. Warner Chappell Music (argued before the Court in February of this year) promises to shed light on this matter, grappling with the question of how far back a plaintiff can seek damages in a copyright infringement case. This pivotal legal battle has significant implications for copyright holders, defendants, and the broader creative industry landscape.Continue Reading Unraveling the Statute of Limitations in Copyright Infringement Cases
Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit
OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.Continue Reading Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit
The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of “The Briefing” by Weintraub Tobin.Continue Reading The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages