Brand litigation can be extreme in the consumer products space and even more so for alcoholic beverages (legal cannabis brand owners take note and start stockpiling your war chest). It’s not uncommon for litigation to arise whenever an alcoholic beverage brand owner believes that another alcoholic beverage brand infringes. Such was the case for… Continue Reading
Category Archives: Copyright Law
Subscribe to Copyright Law RSS FeedFederal Circuit: PTO Can’t Shift Burden of Proof of Patentability to Applicant
Posted in Copyright Law, Patent LawIn In re Stepan Co., 2017 U.S. App. LEXIS 16246, decided August 25, 2017 the Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patent ability lies with the PTO examiner. The patent applicant was Stepan Co., who filed a patent application for formulas of an herbicide. … Continue Reading
Patent Myths Corrected – Part Two
Posted in Copyright Law, Trademark LawMy last column was the first of two columns discussing some of the most common misconceptions or myths about patents. Here is the second part, starting with number five on my list. A Patent Does Not Give the Patent Owner the Right to Practice the Invention. Inventors and patent owners often assume that a patent… Continue Reading
Amazon Tips its Hand with New Trademark Application
Posted in Copyright Law, Patent Law, Trademark LawAs you likely know, Amazon is taking the world by storm. Whether it is through its convenient offering of household goods, and pretty much anything else you can imagine, to your door, or through its expansive selection of movies and television shows provided through its Amazon Prime streaming service, Amazon is a major player in… Continue Reading
When is Making a Movie Not an Act of Free Speech?
Posted in Copyright Law, Entertainment Law, Legal Info, Trademark LawI admit that the title of this article may be a bit deceiving. Making films, like any other production of art, is almost always an act of free speech. However, the Ninth Circuit was recently faced with a dilemma of determining this issue in connection with an anti-SLAPP motion brought against a screen writer who… Continue Reading
Eagles Ltd. v. Hotel California Baja, LLC: Any Time of Year, You Can Find Infringement Here
Posted in Copyright Law, Patent Law, Trademark LawRecently, Eagles Ltd. (the “Eagles”), the entity in control of legendary rock band The Eagles’ business affairs, filed a lawsuit against Hotel California Baja, LLC for trademark infringement. While I’m sure most of us are familiar with the Eagles’ song Hotel California, it may come as a surprise to most trademark aficionados that the Eagles… Continue Reading
The Jury Is Still Out on What “Registration” Means Under Section 411 of the Copyright Act.
Posted in Copyright LawThe Copyright Act provides that “Registration” of a copyright is a precondition to filing suit for copyright infringement. 17 U.S.C. § 411(a). We are still trying to figure out exactly when registration occurs. While copyright registration is voluntary, the Copyright Act provides several incentives for a copyright owner to register a copyright, one of… Continue Reading
Googling Google
Posted in Copyright Law, Cyberspace Law, Trademark Law, Web/Tech“I googled it …” has become ubiquitous in every day conversation. Many of us refer to “googling” as the act of searching the internet regardless of whether we use the Google search engine to do so. But has our everyday use of the verb “googling” rendered the Google trademark unprotectable? “Nope,” said the Ninth Circuit… Continue Reading
Lawsuits are the Inevitable Cost of YouTube Success
Posted in Copyright Law, Cyberspace Law, Entertainment Law, Web/TechWhenever there is a report of a YouTube creator being sued for copyright infringement, the response from the creator and the community seems to be one of shock and surprise. The truth is, successful YouTube content creators should not be surprised when they get sued for copyright infringement. Any person or company that creates content… Continue Reading
The Fabric of Copyright Infringement: Obtaining Summary Judgment on Copying Element
Posted in Copyright LawGenerally, the issue of copyright infringement presents issues of fact to be decided by a jury. However, when evidence that a design is so “substantially similar” to a copyrighted design, the trial court can find infringement as a matter of law and grant summary judgment to the copyright owner. The Ninth Circuit recently approved of… Continue Reading
Unauthorized Downloading and Copyright Infringement
Posted in Copyright Law, Cyberspace Law, Web/TechLiability for copyright infringement can result when one downloads protected software without the copyright owner’s authorization. The Ninth Circuit was recently tasked with exploring the scope and reach of copyright protection in such cases in Design Data Corp. v. Unigate Enterprise, Inc. Design Data is the creator of a computer aided design (CAD) software program… Continue Reading
Northern District of California Revises Local Patent Rules
Posted in Copyright Law, Legal Info, Patent LawOn January 17, 2017, the United States District Court for the Northern District of California issued revisions to its Local Patent Rules requiring early disclosure of damages-related discovery and contentions. The revised rules are effective immediately in all patent cases pending in the Northern District. Local Patent Rules are rules that apply to all civil… Continue Reading
McGregor Files for Trademark for “Conor McGregor” and “The Notorious”
Posted in Copyright Law, Patent Law, Trademark LawWhether you like him or not, Conor McGregor’s business savvy cannot be disputed. The UFC superstar, in just over year, has become a household name known to people who may not even watch the sport. His quick rise to superstardom is no coincidence. He knows how to market himself and he knows how to sell… Continue Reading
Paramount and Star Trek Fan Film Producers Settle
Posted in Copyright Law, Entertainment Law, Patent Law, Trademark LawParamount and Star Trek Fan Film Producers Settle The copyright infringement lawsuit between Star Trek fan film producer, Axanar Productions, and Paramount Pictures came to an end less than two weeks before trial. The settlement was undoubtedly triggered by the court’s early January ruling that the fan fiction film, Prelude to Axanar, is not protected… Continue Reading
Federal Circuit Requires Standing to Appeal PTAB’s Final Decisions
Posted in Copyright Law, Patent Law, Trademark LawAlthough arguably foreshadowed, some may be surprised to learn that a party with the right to challenge the validity of a patent at the United States Patent and Trademark Office (“USPTO”) may not have the right to appeal an unfavorable decision. In Phigenix v. ImmunoGen, the Federal Circuit clarified that while there is no standing… Continue Reading
“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases
Posted in Copyright Law, Entertainment Law, Patent Law, Web/TechA recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with software. A jury found in favor of plaintiff’s claims of infringement; however, the trial court granted the defendant’s motion for… Continue Reading
From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story
Posted in Copyright Law, Cyberspace Law, Entertainment Law, Trademark LawWith last weekend’s release of Rogue One: A Star Wars Story, Star Wars is once again living and thriving. Rogue One opened with a most impressive $155 million opening in North America, and $290 million worldwide, making it the 12th largest opening in United States History. Now, this isn’t really related to intellectual property, but… Continue Reading
Phasers Set to Stun – Star Trek and Fan Film Producers Trade Copyright Shots
Posted in Copyright Law, Entertainment LawFan films and fan fiction ordinarily don’t end up being the subject of a federal court lawsuit. Most fan fiction are creative expressions reflecting adoration of a series, film or character and the majority of copyright owners take a permissive view of fan fiction. However, Paramount Pictures, the owner of the Star Trek franchise, which… Continue Reading
Holiday Horror Series: Part 1- Could You Patent Christmas?!
Posted in Copyright Law, Patent LawThe holidays are upon us. Given that everything seems to be protected by intellectual property rights, could someone protect Christmas? The most likely candidate to try to patent Christmas would be Santa Claus. But (assuming all other issues are addressed), could Santa Claus really patent Christmas? Assuming that Santa Claus invented Christmas, then perhaps he… Continue Reading
Supreme Court May Cut Back Laches in Patent Infringement Cases
Posted in Copyright Law, Patent LawThe United States Supreme Court is considering whether the doctrine of laches will bar a patent infringement claim filed within the Patent Act’s six-year damage limitations period set forth in 35 U.S.C. §286. The case before the Court is SCA Hygiene Products AB v. First Quality Baby Products LLC, 767 F.3d 1339 (Fed. Cir. 2014)…. Continue Reading
Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases
Posted in Copyright Law, Entertainment Law, Legal Info, Patent Law, Trademark Law, Web/TechBy: Eric Caligiuri In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an “abstract idea.” The patent challenge was under the frame work set out by the U.S. Supreme… Continue Reading
Website Listing of Tequila Client Work Gets PR Firm a Trademark Shot
Posted in Copyright Law, Patent Law, Trademark LawCan the owner of renowned tequila brand Patrón prevent a former marketing and PR firm from listing it as a client on its website and discussing the services it provided? Patrón believes it can and has sued its former marketing firm, The Reindeer Group, for trademark infringement in Federal court in Texas. In 2009 Patrón… Continue Reading
Federal Circuit Rules the Patent Trial and Appeal Board Can Consider New Evidence During AIA Review Trial
Posted in Copyright Law, Legal Info, Patent Law, Trademark LawOn September 26, 2016, the U.S. Court of Appeals for the Federal Circuit declined to review in a unanimous en banc decision a panel Federal Circuit decision affirming that the Patent Trial and Appeal Board (the “Board”) at the Patent and Trademark Office (“USPTO”) could hear new evidence during a trial, evidence that was not… Continue Reading
How BREXIT Will Affect Intellectual Property
Posted in Copyright Law, IP Law Blog Lawyers In The News, Legal Info, Patent Law, Trade SecretsAs everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union. What affect does BREXIT have on intellectual property rights in the United Kingdom and the European Union? There is a two-year process of negotiation between the UK and the EU, provided for by… Continue Reading
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