28 Sep, 2021 For Purportedly De Minimis Copyright Use of Indianapolis Skyline Photo, Size and Quality Matters By Khasim Lockhart Indianapolis is known for many things. For some, it is known as the location for the world’s largest single-day sporting event—the...
28 Sep, 2021 Third Circuit Finds No Section 230 Immunity From State Right of Publicity Claims By Nicole Bergstrom In a split from the Ninth Circuit, the Third Circuit ruled recently in Hepp v. Facebook, Inc., that Section 230 of the Communications...
27 Sep, 2021 Another Failed Stunt: Court Dismisses Evel Knievel Brand Owner’s Claims Against Disney in Toy Story 4 Lawsuit By Kimberly Maynard Duke Caboom, the stuntman character in Disney’s Toy Story 4, may have been inspired by 1960s real-life daredevil Evel Knievel or by the...
23 Sep, 2021 Call Out My Copyright: The Weeknd Sued for Alleged Infringement on Hit Track By Elizabeth Tuttle Newman Last week, Los Angeles-based composer/producers Suniel Fox and Shyhi Henry Hsiaio (p/k/a Henry Strange) sued R&B artist The Weeknd (aka...
20 Sep, 2021 Professional Skateboarder Loses Lanham Act Case Against Video Game Companies By Saphya Council A California federal court recently handed a big win to game publishers in a case involving Lanham Act claims. Here’s a summary of what...
19 Sep, 2021 Instagram Prevails with "Server Test" Defense in Photo Embedding Case By Brian Murphy Yet another photo embedding case, but this time Instagram wins based on the court's application of the "server test." The plaintiffs own...
18 Sep, 2021 Conopco, Inc. Opposes Registration of "S'Moresicle” TM By Glenda Dieuveille On August 31, 2021, Conopco, Inc. filed a Notice of Opposition against Frozen S'Mores LLC for its registration of the word “S'Moresicle.”...
07 Sep, 2021 Complaint Fails to Allege Sufficient Volitional Conduct to Make Realtor.com Liable for Direct Copyright Infringement By Brian Murphy The real estate industry generates more than its share of copyright litigation. (It's remarkable, really.) Last week, I wrote about about...
07 Sep, 2021 The Right Tool for the Job: Fifth Circuit Revives “Texas Hammer” Trademark Lawsuit By Benjamin G. Murray In online advertising, it’s commonplace for businesses to purchase competitor trademarks as search engine keywords to get in front of...
02 Sep, 2021 Update: Second Circuit Doubles Down on Warhol Fair Use Ruling By Brian Murphy This is an update to our prior post on the Second Circuit's important fair use ruling in Andy Warhol Foundation for the Visual Arts, Inc....
01 Sep, 2021 Do You Need a Copyright License to Post a Floorplan of a Building Online? By Brian Murphy My Apple News feed nourishes me, on a daily basis, with news about politics, the Real Housewives, and beautiful homes that fall into the...