Apple is facing a new class-action lawsuit in the Western District of New York alleging that its use of the “buy” button is “false and misleading.” The suit claims that when Apple offers consumers the right to “buy” content, it doesn’t always mean what it says. Continue Reading Apple False Advertising Suit for “Buy” Buttons Could Have Serious Implications for Streaming Companies
As Scott Hervey mentioned on the IP Law Blog, a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th was decided. In this episode of the Briefing by the IP Law Blog, Scott and Josh Escovedo dive deeper into the lawsuit. Continue Reading The Briefing by the IP Law Blog: A Spooky Copyright Decision for Producers of Friday the 13th Franchise
On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. This case concerns the claim for copyright reversion made by Victor Miller, the screenwriter of Friday the 13th, seeking the reversion to the rights in the screenplay to the popular horror film. The case is aptly entitled Horror Inc v. Victor Miller. Continue Reading Producer’s Copyright of Friday the 13th Screenplay Slashed In Screenwriter’s Termination Lawsuit
In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product retailer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.” Continue Reading The Briefing by the IP Law Blog: Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier
Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages. However, a 2019 Federal Circuit opinion caused confusion, suggesting the standards were essentially the same. SRI Int’l, Inc. v. Cisco Sys., Inc. (“SRI II”) 930 F.3d 1295 (Fed. Cir. 2019). In SRI Int’l, Inc. v. Cisco Sys., Inc. (“SRI III”) (Fed. Cir. 2021), the Federal Circuit acknowledged the confusion and clarified these standards. Continue Reading Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages
