Cardi B was cleared of liability in an action alleging that she misappropriated a man’s likeness by using his unique back tattoo on the cover of her 2016 mixtape. Scott Hervey and Josh Escovedo discuss this in this installment of The Briefing by the IP Law Blog.

Listen to this podcast episode here. Continue Reading The Briefing by the IP Law Blog: Cardi B Makes Money Moves with the Jury and Prevails in IP Trial

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.” Given the increase in employees working from home in recent years, the question has arisen as to whether an employee’s home office is considered a “regular and established place of business” for the purposes of patent venue. In most instances, the courts have indicated that an employee’s home office is insufficient to establish venue absent the company ratifying that home office as a “regular and established place of business.” However, the Federal Circuit’s ruling in In re Monolith Power Systems, Inc. may have reopened that question. Continue Reading Do Employees Working from Home Impact Venue in Patent Litigation?

Hermès is suing an artist for trademark infringement over his series of digital artworks called MetaBirkins. Scott Hervey and Josh Escovedo discuss the case on this episode of The Briefing by the IP Law Blog. Continue Reading The Briefing by the IP Law Blog: Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil liability under The Allow States and Victims to Fight Online Sex Trafficking Act of 2018 (“FOSTA”). In the case, Jane Does v. Reddit, Inc., decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. Continue Reading The Interplay Between Section 230 Immunity and The Allow States and Victims to Fight Online Sex Trafficking Act of 2018

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss developments in the trademark dispute between NBA star Luka Doncic and his mother. Continue Reading The Briefing by the IP Law Blog: NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark(Part 2)