In Munchkin, Inc. v. Tomy International, Inc., 1-18-cv-06337 (NDIL May. 24, 2022) the Court considered the permissible extent of attorney participation in the preparation of an expert report. The Court did so in response to plaintiff’s motion to exclude the testimony of defendant’s technical expert for failing to prepare his own report. Specifically, plaintiff Munchkin sought to exclude the opinion of defendant TOMY’s technical expert, Jesse Darley, who offered opinions regarding non-infringement. Continue Reading District Court Considers Acceptable Limits to Attorney Participation in Drafting of Expert Reports

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company. Continue Reading The Briefing by the IP Law Blog: Senator Hawley Targets Disney with So-Called Copyright Reform Bill

Last week, Senator Josh Hawley proposed a new copyright bill in the Senate that would have the effect of eviscerating existing copyrights for certain parties. The bill is known as the Copyright Clause Restoration Act. The bill would only affect entities with market caps exceeding $150 billion, which for practical purposes demonstrates that it is unambiguously intended to punish the Walt Disney Company for Disney’s recent stance against the “Don’t Say Gay” bill in Florida. As if the legislation itself didn’t make its vindictive intent clear, Senator Hawley’s office released a statement saying that, “Thanks to special copyright protections from Congress, woke corporations like Disney have earned billions while increasingly pandering to woke activists.” This isn’t just absurd, but its patently false. Disney doesn’t receive special copyright protections. Those protections exist for all copyright holders that choose to take full advantage of the Copyright Act. After reviewing the legislation, it’s clear that this is nothing more than the Senator pandering to his base, and not a serious attempt to reform copyright law. Continue Reading Senator Hawley’s Sham Copyright Reform Bill Takes Aim at The Walt Disney Company

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Continue Reading The Briefing by the IP Law Blog: An Idea Doesn’t Have to be Novel to be Stolen (In California)

A recent case filed by famous choreographer Kyle Hanagami is set to test the boundaries of copyright law in video games and on social media.

Mr. Hanagami is a popular choreographer with a large YouTube presence.  He won the 2020 iHeart Music Award for Favorite Music Video Choreography for BlackPink’s “Kill This Love” and holds the title for YouTube’s most viewed choreography video of all time. Crucially, he also holds the copyright to the dance to the Charlie Puth song “How Long.” Continue Reading Choreographer Challenges Fortnite’s Use of His Copyrighted Dance Moves