31 Mar, 2020 "When They See Us" Sees Dismissal of Defamation Claim By Nicole Bergstrom In a time when we’re all watching quite a bit of Netflix, here’s a story that is not about Tiger King. Ava DuVernay’s When They See Us...
30 Mar, 2020 YouTube is Not a Public Forum and Its Policies are Not Advertising By Craig Whitney Notwithstanding YouTube's significant role in public discourse--with more than 1.3 billion users and more than 30 million daily...
30 Mar, 2020 adidas Defeats Claim by Plaintiff Who Never Started Using NEVER DONE Trademarks By Kimberly Maynard Plaintiff Abraham Berti Levy’s federal registration for the marks YOU’RE NEVER DONE and purported common law use of other, similar marks...
29 Mar, 2020 R.I.P. Inverse Ratio Rule: Skidmore v. Led Zeppelin By Brian Murphy Skidmore v. Led Zeppelin - Stairway to Heaven - has been wending its way through courts in the Ninth Circuit for the past six years. We...
28 Mar, 2020 Copyright Termination. Chapter 2: When Can a Grant Be Terminated? By Edward H. Rosenthal In prior posts, I provided a very brief overview of copyright termination followed by a description of where to find the statutory...
27 Mar, 2020 5Pointz Developer Aiming for Supreme Court Review of $6.75 Million Damages Award By Frankfurt Kurnit Klein & Selz Last month, we reported that the Second Circuit Court of Appeals affirmed the $6.75 million damages award against the 5Pointz property...
27 Mar, 2020 Court schools overzealous copyright licensor, holding that high school choir arrangement was fair use and awarding choir defendants their attorney’s fees By Jeremy Goldman On March 24, 2020, the Ninth Circuit issued an opinion shredding an infringement claim that a copyright holder brought against a high...
26 Mar, 2020 Court Breezily Denies BRIZZY Trademark Injunction Against Molson Coors By Kimberly Maynard Trademark disputes in the alcoholic beverage industry can quickly bubble over. The fight brewing between Future Proof—maker of the...
25 Mar, 2020 I Just Took a DNA Test . . . Am I the Joint Author? By Nicole Bergstrom 2019 was a break-out year for Lizzo. The Detroit-born singer-songwriter, rapper, flutist and advocate for body positivity became a...
25 Mar, 2020 TOKYO 2020 Trademarks Will Stay The Same For Rescheduled Olympic Games By Kimberly Maynard Yesterday, the International Olympic Committee announced its decision to delay the 2020 Tokyo games until 2021. The decision comes in...
24 Mar, 2020 SCOTUS Strikes Down Law Abrogating Sovereign Immunity to States for Copyright Infringement By Frankfurt Kurnit Klein & Selz On March 23, 2020, the Supreme Court of the United States issued a decision in Allen v. Cooper, the closely-watched case testing the...
24 Mar, 2020 Copyright Termination. Chapter One: What Kind of Grants Can Be Recaptured? By Edward H. Rosenthal The provisions in the 1976 Copyright Act governing termination of grants of interests in copyrights can be found at 17 U.S.C. § 203 and...
23 Mar, 2020 Judge Chastises Plaintiff In Counterfeit Unicorn Case For Seeking Emergency TRO During Global Pandemic By Kimberly Maynard On Wednesday last week, Judge Seeger in the Northern District of Illinois issued an opinion chastising Art Ask Agency for repeatedly...
19 Mar, 2020 Is "This Land is Your Land" in the Public Domain? By Brian Murphy In 2004 - four Presidential election cycles ago - the website JibJab posted a wildly popular video in which animated versions of...
17 Mar, 2020 Copyright Termination: An Introduction to a Series of Blog Posts to come. By Edward H. Rosenthal The statutory provisions governing the termination (or recapture) of grants of copyright interests under the Copyright Act of 1976 seem...
11 Mar, 2020 Fantasies About a Formula for Fair Use By Brian Murphy Fair use analysis requires courts to engage in a time-consuming, case-by-case examination and nuanced balancing of multiple factors, with...