The Ninth Circuit was recently faced with a novel issue: Does a crested macaque, or generally speaking, a monkey, have the right to sue humans, corporations, and companies for damages and injunctive relief arising from claims of copyright infringement? Unless you’re familiar with this case, you’re probably wondering what occurred to give rise to Naruto,… Continue Reading
Category Archives: Copyright Law
Subscribe to Copyright Law RSS FeedThe DMCA’s Safe Harbor Provision and Policing Repeat Infringers
Posted in Copyright Law, IP Law Blog Lawyers In The News, PrivacyThe Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March 14, 2018). The issue before the Court was whether the defendants had presented undisputed evidence that they fell within the… Continue Reading
U.S. District Court for the Eastern District of Texas Finds Defendants Have Not Committed Acts of Infringement Sufficient to Establish Venue
Posted in Copyright LawThe U.S. Supreme Court’s May 22, 2017 ruling in TC Heartland v. Kraft Foods held that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. Previously, the Court of Appeals for the Federal Circuit and the United States district courts had interpreted the patent venue statute, 28 U.S.C. §1400(b),… Continue Reading
Copyright Infringement and Third Party Software Support
Posted in Copyright LawA recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues. Oracle develops and licenses proprietary “enterprise software” for business around the world. A business using Oracle’s enterprise software would pay a one-time licensing fee to download… Continue Reading
Would Glue Maker’s Trademark Claim Stick Against Pot Strain
Posted in Copyright LawAccording to cannabis folklore, cannabis cultivators in 2010, Josey Whales and Lone Watie created a strain of marijuana that was so sticky, Mr. Whales, during a phone call, commented that the plant made his hands “stick to things like Gorilla Glue.” From that, Whales and Watie came up with a name of their strain –… Continue Reading
USPTO Finalizes Rule for Privileged Communications in Trials Before the PTAB
Posted in Copyright Law, Legal Info, Patent LawThe Leahy-Smith America Invents Act (“AIA”) provided for trials before the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) in inter partes reviews, post-grant reviews, the transitional program for covered business method patents, and derivation proceedings. While patent agents are registered to practice before the USPTO, they are… Continue Reading
Say Cheese: Stock Photos, Non-Exclusivity & Copyright Infringement
Posted in Copyright LawThe Ninth Circuit recently addressed an issue as to who may pursue claims for copyright infringement concerning stock photos in the case DRK Photo v. McGraw-Hill Global Education Holdings, LLC, et al. (Sept. 12, 2017). Apparently there has been a rise in copyright infringement claims involving stock photos and the Ninth Circuit was called upon… Continue Reading
Google May be a Verb, but Verb Use Alone Does Not Constitute Genericness
Posted in Copyright Law, Cyberspace Law, Legal Info, Web/TechJust Google it. Can you Google the score? Have you Googled the restaurant’s reviews? These are all common phrases in today’s internet-reliant society, and it’s entirely due to the creation of Google and its widespread success. By all measures, this should be a good thing for Google. Its company’s primary trademark, Google, has become such… Continue Reading
Wine and Spirits Are not Always Confusingly Similar
Posted in Copyright Law, Patent Law, Trademark LawBrand 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
Federal 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
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