2/28/2025 12:55:20 AM Lessons from the SCOTUS decision in the Dewberry trademark case By Edward H. Rosenthal This week, the Supreme Court ruled that the profits of a defendant's affiliates cannot be considered in the calculation of “defendant's...
2/27/2025 1:03:37 AM S.D.N.Y. Deals A Blow To Website Tracking Litigation By Caren Decter The Southern District of New York is becoming a less favorable venue for serial plaintiffs asserting that website tracking technologies...
2/25/2025 9:48:37 PM Recent California State Court Wins for Defendants in Website Tracking Cases By Regina Gerhardt In the past month, California judges have issued encouraging decisions for defendants in cases asserting that website tracking...
2/11/2025 11:55:47 PM BREAKING: COURT RULES THAT DEVELOPER'S USE OF COPYRIGHTED MATERIAL TO TRAIN AI IS NOT FAIR USE By Jeremy Goldman This morning, the court in Thomson Reuters v. Ross Intelligence produced one of the first major rulings to address the application of...
2/11/2025 2:31:29 PM Court Sides with Madlib: Implied License Dooms Copyright Claim Over Lord Quas Character By Khasim Lockhart Few characters in hip-hop are as distinctive as Lord Quas, the alter ego of legendary producer Madlib (Otis Jackson Jr.). But behind the...
2/11/2025 2:27:19 PM The Eagles prevailed, but will Kendrick Lamar? By Amanda Barkin On January 15 Aubrey “Drake” Graham brought a novel defamation action against his own label, Universal Music Group, Inc., for its role in...
2/5/2025 4:07:17 PM Royalty Is Not All A Watch Needs to Acquire Distinctiveness for U.S. Trademark Protection By Jonathan Pryor On January 4, 2025, the U.S. Trademark Trial and Appeal Board (“TTAB”) upheld an earlier refusal to register two trademarks submitted by...
2/3/2025 6:44:58 PM Key Insights on Copyright and AI from the U.S. Copyright Office’s 2025 Report By Zach Lewis For years now, the intersection of artificial intelligence and copyright law has been the center of attention for artists, creators,...
1/29/2025 1:19:17 PM Second Circuit Clarifies When Content Moderation Risks DMCA Safe Harbor By Jeremy Goldman The U.S. Court of Appeals for the Second Circuit recently published an important decision in Capitol Records, LLC v. Vimeo, LLC (Jan. 13,...
1/23/2025 2:48:29 PM Copyright in Motion: Ninth Circuit Recognizes Kinetic Sculptures as Eligible for Copyright Protection By Brian Murphy In a decision published last week, a panel of the Ninth Circuit held that kinetic sculptures - works that incorporate movement as a...
1/1/2025 9:29:58 PM Ed Sheeran's Win Upheld in the Second Circuit: Why "Thinking Out Loud" Doesn’t Infringe on "Let's Get It On" By Khasim Lockhart Ed Sheeran, who famously brought his guitar into court and performed live renditions of “Thinking Out Loud” to illustrate his creative...