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October 22, 2014

Will 'Hana' Be 'Worth the Candle' Given Rarity of Tacking?

Blog Exclusive: If the Supreme Court’s resolution of the question presented in Hana Fin., Inc. v. Hana Bank is interpreted by later courts as applying only to trademark tacking cases, then it may prove to be one of the least impactful Supreme Court cases in recent memory. There is a chance, however, that the high court’s resolution of the circuit split over whether tacking law is a question of fact or a question of law will be seen more broadly as persuasive commentary on the circuit split over whether likelihood of confusion is a question of law or fact.

October 17, 2014

'Ferrofluid' Infringement Claim Doesn’t 'Flow' in Favor of Artist

PTCJ Legal Editor Tamlin Bason told us about a copyright infringement action against American Honda Motor Co. based on Honda’s alleged use of Sachiko Muromura’s "ferrofluid" artwork in its advertisements. The complaint was dismissed with leave to amend, and in July 2013 Muromura did just that. But apparently the amendment effort made little difference. District Judge Dean D. Pregerson just dismissed the case again.

October 15, 2014

Phrasing!: TV Show “Archer” to Retire “ISIS”

Blog Exclusive: A quick Google search will bring up numerous lists of “unfortunate” brand names and logos, particularly ones that don’t translate well across national boundaries. There is also a subset of brand names and other elements of creative pursuits that go sour in light of the news. In the light of a recent controversy involving the TV show "Archer," here are a few examples of instances in which current events have made an already-existing trademark or element of a creative work toxic.

October 10, 2014

What’s the Best Way to Percolate a Consistent Cup of IP Law?

Blog Exclusive: Sometimes IP law can seem like a house divided, with the Federal Circuit having dominion over patent law and the other circuits maintaining control when it comes to copyright and trademark issues. At least one federal judge has called for an end to the Federal Circuit’s exclusivity in the patent realm. But what about the possibility of granting the CAFC sole authority over non-patent IP disputes?  

October 7, 2014

UPDATE: If the Notes Are Not the Same, Who Is to Blame?

We examine the arguments put forward by Robin Thicke and Pharrell Williams and the estate of Marvin Gaye concerning the alleged similarities between the recent hit "Blurred Lines" and the Gaye classic "Got to Give It Up."

September 26, 2014

One More Problem for Iggy Azalea

According to a complaint filed in the U.S. District Court for the Central District of California, emerging Australian rapper Iggy Azalea is suing her ex-boyfriend and related production companies for releasing an EP of unheard music without her permission.

September 24, 2014

Sifting Through Latest Arguments Raised in 'Redskins' Name Dispute

A look at the ongoing trademark dispute involving the NFL's Washington Redskins, whose trademark registration was cancelled as offensive by the TTAB in June, and the novel arguments that may arise during the team's appeal to the U.S. District Court for the Eastern District of Virginia.

September 22, 2014

UPDATE: Vicodin, Alcohol and Depositions Blur Controversy Over ‘Blurred Lines’

Depositions of Robin Thicke and Pharrell Williams from the copyright litigation between the “Blurred Lines” artists and the estate of the late Marvin Gaye were uncovered by the Hollywood Reporter and appeared online Sept. 15. In the posted depositions, Thicke contradicts his earlier assertions that he and Williams’ 2013 hit song was inspired by Gaye’s “Got to Give It Up.”

September 15, 2014

Bela Lugosi's Revenge: A Monster Misunderstood

Blog Exclusive:  The right of publicity in California can be assigned, a state appeals court ruled Sept. 12. It reversed a ruling by a Los Angeles trial court, saying that it had misunderstood a famous case involving Bela Lugosi.

September 10, 2014

Rust Never Sleeps: Sorensen v. WD-40

WD-40 Co. doesn't infringe on an Illinois man's "The Inhibitor" trademarks with its Specialist Long-Term Corrosion Inhibitor anti-rust product, an Illinois court ruled Sept. 9.

September 9, 2014

Two Mouse Heads and One DJ: Disney v. Deadmau5

There appears to be a contentious IP battle brewing between Disney and prominent electronic DJ Deadmau5 over his oversized mouse head logo.  

August 21, 2014

Vine and the English Premier League: Square One of a New Copyright Issue?

Blog Exclusive: The Barclay's Premier League, England's top soccer league and the most popular domestic soccer league in the world, is cracking down on Internet videos of goals scored, in a move that may herald future copyright issues for professional sports worldwide.

August 7, 2014

On the Copyright Implications of a Monkey Taking a Selfie

A photo that recently went viral on the Internet is also at the center of an uncommon copyright dispute. The argument revolves around a question that I never thought I'd get to ask: when a monkey takes a selfie, who owns the rights to the photo?   

July 29, 2014

Wait 'Til I Get My Money Right: Kanye Defeats Coinye

Blog Exclusive: Kanye West is one of the most important musicians of his generation, and he rubs many people the wrong way because he is fully aware of that fact. West often has trouble dealing with the backlash that comes with being such a divisive megastar, and he has a propensity to respond in hilariously tone-deaf ways (link not suitable for work) to those who make fun of him, which makes him an easy target for more ridicule, thus perpetuating an endless cycle.   With that in mind, I'm not sure what Coinye West expected after creating a cryptocurrency with West's face on it.  

July 22, 2014

Noriega v. Activision: An Unlikely Fight Between a Dictator and a Video Game Giant

Blog Exclusive: In a surprising move by a notorious ex-dictator, Panama's Manuel Noriega sued video game makers Activision Inc. in Los Angeles Superior Court for infringing his right of publicity in an installment of Activision's wildly popular "Call of Duty" series. Noriega filed the suit from a Panamanian prison, but the case isn't as outlandish as you might think.

July 3, 2014

Anheuser-Busch opposition to Natty Greene's TM registration part of growing trend

Blog Exclusive: With the Independence Day holiday right around the corner, now is probably a good time to talk about beer. Americans typically spend over $300 million on beer for the Fourth of July, making it one of the peak beer-buying holidays in the U.S. One major trend within the beer industry is the recent rise of craft beers, which are typically brewed by smaller local breweries as opposed to giants like Budweiser and Coors. Many new craft breweries have been founded over the past few years, and all of these new beers need names. This has created an increasingly crowded field of beer-related trademark disputes.

July 2, 2014

Don't tweet me this way

Blog exclusive: Our offices used to be located around the corner from a television network's DC headquarters....

July 1, 2014

High court denies review of standards on patent infringement damages, lost profits

The Supreme Court denied on June 30 a petition for writ of certiorari in Rudolph Techs., Inc. v. Integrated Tech. Corp. (U.S., No. 13-1062, review denied 6/230/14), which appealed a Nov. 4 decision by the U.S. Court of Appeals for the Federal Circuit. Integrated Technology Corp. owns a patent (U.S. Patent No. 6,118,894) on equipment that inspects probes that test chips on a semiconductor for misalignment. Rudolph Technologies Inc. is a competitor. The district court granted summary judgment of literal infringement by Rudolph's pre-2007 products, and a jury found infringement by subsequent products under the doctrine of equivalents. The jury awarded $7.7 million and $7.8 million in lost profits for the two product versions, respectively. The appeals court overturned the jury's decision as to the later products but affirmed the lost profits award as to the pre-2007 products, reviewing under a substantial evidence standard.

July 1, 2014

Ad-supported Internet content patent to be reconsidered in light of Alice ruling

In light of the Supreme Court's recent ruling on patentability of computer-implemented methods, it has issued a summary ruling in a similar case involving a patent on advertising-supported Internet publishing. On June 19, the court issued a decision in Alice Corp. Pty Ltd. v. CLS Bank Int'l, 2014 BL 170103 (U.S. June 19, 2014), holding that mere implementation of an abstract idea with a computer is not patent-eligible. A petition for a writ of certiorari had been pending in WildTangent while Alice was under consideration. For the full Bloomberg BNA story by Anandashankar Mazumdar for BNA's Patent, Trademark & Copyright Daily, CLICK HERE (accessible to both subscribers and non-subscribers).

July 1, 2014

Aereo halts service after Supreme Court loss to broadcasters

June 30 — Aereo Inc. has temporarily shut down, giving the streaming-video startup time to determine whether it has a business after the U.S. Supreme Court ruled that it violates broadcasters' copyrights. Aereo announced the halt in service on June 28, marking the end for now of the $8-a-month solution for cord cutters in 11 cities who used it to watch live and recorded TV from broadcasters like CBS and ABC. For the full Bloomberg BNA story by Alex Barinka and Caitlin McCabe  for BNA's Patent, Trademark & Copyright Daily, CLICK HERE (accessible to both subscribers and non-subscribers).

June 18, 2014

FDA's Juice Labeling Regulations Do Not Bar False Advertising Claim Under Lanham Act

June 12 -- The federal food labeling law and its accompanying regulations do not bar a juice manufacturer from asserting a false advertising claim against a competitor based on an allegation that a juice label is misleading, the U.S. Supreme Court ruled July 12 in a unanimous decision (POM Wonderful LLC v. Coca-Cola Co., U.S., No. 12-761, 6/12/14). Reversing a ruling by the U.S. Court of Appeals for the Ninth Circuit, the court also rejected an argument by the Solicitor General that the juice labeling regulations act as a “ceiling” on the scope of false advertising claims. In an opinion authored by Justice Anthony M. Kennedy, the court rejected the argument by Coca-Cola Co., producer of Minute Maid brand juices, that Congress intended that the food labeling law preclude false advertising actions. The court noted that the only explicit preemption in the labeling law applied to certain specific state law claims. The court said that preemption was not the question to be adjudicated. Rather, this was merely a statutory interpretation case. Under that rubric, the court determined that there was no inherent incompatibility between the labeling law and the false advertising law. Furthermore, the court emphasized the complementary interaction of the two, in terms of their scope, purpose and remedies. The court also found that barring such false advertising claims would be contrary to congressional intent.  ... For the full Bloomberg BNA story by Anandashankar Mazumdar for BNA's Patent, Trademark & Copyright Daily, CLICK HERE (accessible to both subscribers and non-subscribers).

June 11, 2014

2nd Cir. affirms that creation of full-text searchable database of works is fair use

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the Second Circuit's ruling in the HathiTrust case for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

June 11, 2014

Sixth Circuit upholds infringement finding against bar's owner for copyright violations

Bloomberg BNA full story: Tamlin Bason's writeup of a ruling that a bar owner was vicariously liable with respect to live performances in his bar for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

June 11, 2014

BPAI should have applied obviousness analysis to claims that were closely similar

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a Federal Circuit decision finding that has the discretion to find certain claims invalid due to obviousness when similar claims have already been so found for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

June 4, 2014

No liability for inducement when divided acts preclude direct infringement liability

Bloomberg BNA full story: Anandashankar Mazumdar and Tony Dutra's writeup of the Supreme Court's ruling in the Limelight case (accessible to both subscribers and non-subscribers).

June 4, 2014

High court nixes ‘amenable to construction,' ‘insolubly ambiguous' indefiniteness rules

Bloomberg BNA full story: Tony Dutra's writeup of the Supreme Court's unanimous decision in the Nautilus case (accessible to both subscribers and non-subscribers).

June 4, 2014

Conyers introduces bill to require royalties for digital use of pre-'72 sound recordings

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a bill seeking to require royalties for digital use of pre-1972 sound recordings (available to both subscribers and non-subscribers).

May 28, 2014

Judge Randall Rader will step down as Federal Circuit chief effective May 30

Bloomberg BNA full story: Tony Dutra's writeup of Randall R. Rader's announcement that he is stepping down from his position as chief judge of the U.S. Court of Appeals for the Federal Circuit after revelations of certain communications between Rader and ligitants (available to both subscribers and non-subscribers).

May 28, 2014

Patent demand letter hearing in House shows difficulty in drafting targeted bill

Bloomberg BNA full story: Tony Dutra's writeup of a House committee hearing that revealed the difficulties in drafting a bill to address patent demand letter abuse (available to both subscribers and non-subscribers).

May 28, 2014

Usher's song ‘Caught Up' not substantially similar to ‘Caught Up' work by plaintiffs

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a substantial similarity ruling involving Usher's 2005 single "Caught Up" for BNA's Patent, Trademark & Copyright Law Daily (available to both subscribers and non-subscribers).

May 21, 2014

Laches Cannot Block Copyright Claims Brought Within 3-Year Statute of Limitations

Bloomberg BNA full story: Tamlin H. Bason's writeup of a ruling by the U.S. Supreme Court that the common law docrine of laches cannot bar a copyright claim brought within the statute of limitations (available to both subscribers and non-subscribers).

May 21, 2014

Using video to criticize Ex-Muslim preacher protected as fair use from copyright claim

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of a fair use decision allowing the use of a video of a lecture by an ex-Muslim Christian preacher to point out inconsistencies in the preacher's claims about his personal background (available to both subscribers and non-subscribers).

May 14, 2014

Federal Circuit affirms Section 2(a) refusal to register ‘Stop the Islamisation of America' mark

Bloomberg BNA full story: Tamlin H. Bason's writeup of the Federal Circuit's affirmation of the PTO's refusal to register "Stop the Islamisation of America" as a trademark (available to both subscribers and non-subscribers).

March 7, 2014

'Do You Copy?' Podcast, Episode 63, March 7, 2014

Podcast (stream or download): Ananda and Tony discuss a controversial decision by the Ninth Circuit that finds that an actor has a copyright interest in her performance in a film separate from the overall copyright interest in the film, a decision that looks ripe for further appeal. Tony also lays out a detailed case for why he thinks that the administration seems to have taken over control of the Patent and Trademark Office's policymaking functions. The "Do You Copy?" Podcast is also available for free subscription and download at the Apple iTunes Store (accessible to both subscribers and non-subscribers).

February 25, 2014

'Do You Copy?' Podcast, Episode 62, Feb. 25, 2014

Podcast (stream or download): Ananda and Tony return from a hiatus with a preview of SEVEN intellectual property cases going up for argument before the U.S. Supreme Court. The "Do You Copy?" Podcast is also available for free subscription and download at the Apple iTunes Store (accessible to both subscribers and non-subscribers.)

January 9, 2014

PTO Examiner Refuses to Register 'Redskins' Trademark (No, Not That One)

On Dec. 29, the PTO refused to register the trademark "Redskins Hog Rinds" on the grounds that the term "Redskin" was offensive to Native Americans. The examiner determined that the mark was disparaging, and therefore could not be registered under the Lanham Act, based on both dictionary definitions describing "Redskin" as derogatory and reports on Native American tribes considering the term offensive.

December 17, 2013

The Ballad of Riverboat Ron and NFL Trademarks

Ron Rivera, head coach of the NFL’s Carolina Panthers, has filed toregister as a trademark the nickname “Riverboat Ron,” bestowed on him by the media this season.

December 12, 2013

Unlicensed to Ill - GoldieBlox vs. The Beastie Boys

Blog exclusive:   Startup GoldieBlox created a viral sensation in November with a video of a Rube Goldberg machine to promote its line of toys designed to spur girls’ interest in STEM subjects. The video was originally set to a version of the Beastie Boys’ 1987 song “Girls” with new lyrics (“girls to build a spaceship/girls to code a new app”) playing on the misogyny of the original (“girls to do the dishes/girls to clean up my room”). 

December 10, 2013

'Blurred Lines' blurs lines between homage and infringement?

Blog exclusive:   Robin Thicke and Pharrell Williams’ “Blurred Lines,” the biggest song of the summer and Grammy nominee for Record of the Year, has been a lightning rod for controversy since its release. Thicke was already under fire for the song’s possibly misogynistic lyrics, and now Thicke and Williams are being sued for infringement by the estate of soul legend Marvin Gaye because of “Blurred Lines’” similarity to Gaye’s hit, “Got to Give It Up.” 

November 26, 2013

Jury appropriately allowed tacking for three marks incorporating ‘Hana' term

Bloomberg BNA full story: Tamlin H. Bason's writeup on the Ninth's Circuits affirmation of a jury verdict in a trademark dispute over the term "Hana."

November 26, 2013

Apple award on Samsung patent infringement rises to $890 million after second jury verdict

  Bloomberg BNA full story: Tony Dutra's writeup on a $290 million damages judgment awarded to Apple against Samsung (accessible to both subscribers and non-subscribers).

November 26, 2013

House Judiciary Committee approves bill targeting patent litigation abuses

Bloomberg BNA full story: Tony Dutra's writeup on the House Judiciary Committee's approval of the Innovation Act (H.R. 3309) (accessible to both subscribers and non-subscribers).

November 20, 2013

Copyright reform green paper draws raft of comments from all sides of disputes

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of comments submitted in response to the U.S. Department of Commerce's green paper on copyright law reform (accessible to subscribers and non-subscribers).

November 20, 2013

Starbucks once again burned by 2nd Circuit; ‘Charbucks' does not dilute famous brand

Bloomberg BNA full story: Tamlin H. Bason's writeup on a decision regarding Starbuck's claim that its famous trademark is diluted by "Charbucks" (accessible to both subscribers and non-subscribers).

November 20, 2013

Possible injunction for Apple vs. Samsung for features, but not for design patents

Bloomberg BNA full story: Tony Dutra's writeup of Apple's failure to obtain an injunction against Samsung based on design patents and trade dress claims (accessible to both subscribers and non-subscribers).

November 13, 2013

Student-athletes can seek injunction against NCAA but no class certification for damages

Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision giving class action status to a group of former student-athletes with regard to their claims against the NCAA (accessible to both subscribers and non-subscribers).

November 13, 2013

Judicial Conference to Congress: Litigation reform bill section steps on judiciary's toes

Bloomberg BNA full story: Tony Dutra's writeup on the Judicial Conference's objection to legislative proposals that it believes interferes with the judiciary's constitutional prerogatives (accessible to both subscribers and non-subscribers).

November 6, 2013

Supreme Court hears arguments on burden shift in patent declaratory judgment actions

Bloomberg BNA full story: Tony Dutra's writeup of oral arguments before the U.S. Supreme Court in Medtronic v. Boston Scientific for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

November 5, 2013

D.C. Circuit affirms vacatur of default judgment won by Bell against Iranian government

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the Bell helicopter maker's failure to maintain a default trade dress infringement judgment against the government of Iran for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

November 4, 2013

Claims by soul singer against ‘Soul Men' movie fail on appeal to Sixth Circuit court

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the failure of "Sam" from the soul music act Sam and Dave on his claims against the "Soul Men" movie featuring Samuel L. Jackson and Bernie Mac (accessible to both subscribers and non-subscribers).

October 30, 2013

House considers patent litigation reform bill with some agreement but controversy likely

Bloomberg BNA full story: Tony Dutra's writeup of a House Judiciary Committee hearing on patent litigation reform (accessible to both subscribers and non-subscribers).

October 30, 2013

Federal Circuit Will Not Hear en banc inducement of wireless patent infringement

Bloomberg BNA full story: Tony Dutra's writeup of the Federal Circuit's denial of a petition for en banc rehearing in the Commil case for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 29, 2013

Rader regrets CLS Bank impasse, comments on latest patent reform bill

Bloomberg BNA full story: Tony Dutra's writeup of a speech by the Federal Circuit's chief judge at the recent conference of the American Intellectual Property Law Association for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 23, 2013

PTO issues final rule on patent prosecution changes in patent law treaty implementation

Bloomberg BNA full story: Tony Dutra's writeup of final rules issued by the PTO implementing the Patent Law Treaty for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 23, 2013

Failure to disclose how algorithm factors are weighted, calculated, leads to invalidity

Bloomberg BNA full story: Tamlin H. Bason's writeup of a decision regarding a patent on a way to keep drivers from falling asleep for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 21, 2013

TTAB did not err in finding ‘probiotic' to be generic in organic fertilizer market

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of an attempt to claim exclusive rights in "probiotic" with respect to organic fertilizer for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 18, 2013

'Do You Copy?' Podcast, Episode 61, Oct. 18, 2013

Podcast (stream or download): Ananda and Tony discuss three writs of certiorari granted by the Supreme Court, one in a case involving Martin Scorsese and Robert DeNiro's movie Raging Bull and two party cases involving the standard for awarding attorneys' fees to the prevailing party in exceptional cases. (Podcast is available for free download and subscription at Apple's iTunes Store.)

October 16, 2013

Networks seek Supreme Court review of 2d Cir.'s 'public performance' ruling in Aereo

Bloomberg BNA full story: Tamlin H. Bason and Tony Dutra's writeup of a petition for a writ of certiorari in the Aereo case for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 15, 2013

11th Cir. seeks clarity on VirtualSchool mark that Florida agency claims was infringed

Bloomberg BNA full story: Tamlin H. Bason's writeup of an Eleventh Circuit decision regarding a Florida state agency's effort to claim exclusive rights in "VirtualSchool" for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

October 10, 2013

Patent applicant's failure to cure false affidavit meets Therasense materiality

Bloomberg BNA full story: Tony Dutra's writeup on the Intellect Wireless ruling on inequitable conduct for BNA's Patent, Trademark & Copyright Daily (accessible to both subscribers and non-subscribers).

October 10, 2013

Motorola Noninfringement of Microsoft Phone Patents Upheld With Menu Design Change

Bloomberg BNA full story:  Tony Dutra covers the Federal Circuit's Oct. 3 ruling on an ITC decision to bar imports of Motorola Blur phones, but the ban would not apply to Motorola's proposed...

October 10, 2013

Court Declines to Assert Jurisdiction Over Canadian Party Under U.S. Trademark Law

Bloomberg BNA full story:  Anandashankar Mazumdar reports on a subject matter jurisdiction dispute in a trademark case between Trader Joe's and a Canadian grocery that was buying and...

October 10, 2013

High Court Seeks Gov't Views on Overseas Patent Infringement; Denies Cert in 12 Cases

Bloomberg BNA full story:   Tamlin H. Bason's  recap of the Supreme Court's 12 cert denials and one call for the views of the Solicitor General, capping off its first week after granting cert in...

October 2, 2013

Stakeholders hopeful open approach bodes well for Goodlatte's copyright reform efforts

  Bloomberg BNA full story: Tamlin H. Bason's writeup of a Sept. 17 hearing before the House IP subcommittee for the Intellectual Property Law Resource Center (accessible to both subscribers and non-subscribers).

October 2, 2013

FTC seeks comments on questions to ask patent assertion entities under 6(b) authority

Bloomberg BNA full story: Tony Dutra's writeup on the FTC's request for comments on patent trolls for the Intellectual Property Resource Center (available to both subscribers and non-subscribers).

October 2, 2013

Asian-American rock band's attempt to register 'The Slants' rejected under §2(a)

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of the TTAB's rejection of an attempt to register the term "The Slants" as a trademark with the PTO for the Intellectual Property Law Resource Center (available to both subscribers and non-subscribers).

September 25, 2013

Todd Hughes to Join Federal Circuit following Senate's 98-0 confirmation vote

Bloomberg BNA full story: Tamlin H. Bason's writeup of the confirmation of Todd Hughes to join the Federal Circuit bench for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)

September 24, 2013

Goodlatte's second draft on anti-troll legislation drops, adapts provisions

Bloomberg BNA full story: Tony Dutra's writeup of the release of a second discussion draft of legislation purporting to address abusive patent litigation for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)

September 23, 2013

Vimeo wins summary judgment with respect to some user videos with infringing content

Bloomberg BNA full story: Anandashankar Mazumdar's writeup of Vimeo's partial success in asserting safe harbor protection with respect to user-supplied content for BNA's Patent, Trademark & Copyright Law Daily. (accessible to both subscribers and non-subscribers)

September 17, 2013

Split Sixth Circuit finds grease pump design functional, rejects $1.2 million trade dress award

  Bloomberg BNA full story: Tamlin H. Bason's writeup of a ruling that the design of a grease pump was functional and therefore could not be claimed as trade dress for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

September 16, 2013

Federal Circuit hears arguments en banc on de novo review of claim construction

  Bloomberg BNA full story: Tamlin H. Bason's writeup of oral arguments before the U.S. Court of Appeals for the Federal Circuit regarding deference due on issues of claim construction for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).  

September 13, 2013

Acting PTO Director Teresa Stanek Rea announces she is stepping down soon

Bloomberg BNA full story: Tony Dutra's writeup of the announcement that the PTO's acting director plans to step down in the near future for BNA's Patent, Trademark & Copyright Law Daily (accessible to both subscribers and non-subscribers).

August 27, 2013

Ditch the label, keep the Toad

 Blog exclusive: In this post I told you about how Def Leppard and other bands have attempted to get out from under the thumbs of their labels by rerecording their own music ... 

August 23, 2013

'Do You Copy?' Podcast, Episode 60, Aug. 23, 2013

Podcast (stream or download): Tony has an update on the war between Apple and Samsung (and Apple and Motorola) which has gotten so hot that the White House has stepped in to blow a whistle. And then Tony gets to talk sports again, as decisions are issued in cases involving the use of athletes' images, likenesses, and identities in video games. Ananda gets to talk about movies and literature, and a Mississippi judge's ruling in a battle between Woody Allen and (the estate of) William Faulkner. Also, cellphone unlocking legislation makes headway, but not without complaints. Finally, publishers of technical works suffer significant losses in their attempt to hold liable for infringement lawyers who copy scholarly articles to include with patent applications. (Free downloads and subscriptions available at Apple's iTunes Store.)

August 22, 2013

Sixth Circuit Reverses Evidentiary Rulings in Dispute Amongst Gospel Composer's Heirs

Bloomberg BNA full story:  Tamlin H. Bason's story on an Aug. 15 Sixth Circuit opinion on the ancient documents exception to the hearsay rule, relevant to copyright interests in a 1928 song,...