Archives: Copyright

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Impression Products, Inc. v. Lexmark International, Inc. – Setting the Common Law’s Limits on the Rights of Patent and Copyright Owners

  Last week, in Impression Products, Inc. v. Lexmark International, Inc., Case No. 15-1189 (May 30, 2017), the Supreme Court ruled that under the “exhaustion doctrine,” patent owners cannot use patent law to impose restrictions on the downstream sales or transfers of lawfully purchased patented goods. The decision took many patent practitioners by surprise. Not … Continue Reading

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants.  The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact on how both plaintiffs and defendants weigh the risk of litigating a copyright case to completion. BACKGROUND The … Continue Reading

Federal Circuit Denies Rehearing on Whether Section 337 Includes Digital Imports

The Federal Circuit debate begun in Suprema, Inc. v. International Trade Commission, 796 F.3d 1338 (Fed. Cir. 2015) (en banc), continued with the court’s denial of rehearing en banc in ClearCorrect Operating, LLC v. International Trade Commission, No. 2014-1527(Fed. Cir. Mar. 31, 2016) (Prost, C.J., concurring, and Newman, J., dissenting). In Suprema, the en banc … Continue Reading

BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “With High Court Mum On Java Copyrights, Is Innovation Safe?”

On July 1, 2015, Law360 queried the Supreme Court decision not to review Google Inc. v. Oracle America Inc. in their Voices on the Bar column.  Oren Warshavsky, head of BakerHostetler’s national Copyright, Content, and Platforms team and one of Law360’s Voices on the Bar commented:  “In a vacuum, the Federal Circuit’s holding could well … Continue Reading

Pre-1972 Recording Rulings – Not as Happy Together or as a Settlement

This week, after a string of wins, two members of the classic rock group the Turtles suffered a setback in their lawsuit against satellite radio provider, SiriusXM (Flo & Eddie Inc. v. Sirius XM Radio Inc.). Background: The dispute has been well explained by others, including here and here. But generally speaking, the dispute concerns the rights … Continue Reading

In re Tam – Federal Circuit Orders En Banc Review of Trademark Act’s Ban Against Registration of Disparaging Marks

The Slants is a Portland-based band composed of musicians of Asian-American descent who characterize their genre as “Chinatown Dance Rock.” The band’s bassist, Simon Tam, filed a trademark application for THE SLANTS for “Entertainment, namely, live performances by a musical band.” The examining attorney refused registration on the basis that the mark THE SLANTS is disparaging … Continue Reading

Another Step in the Long March from Campbell v. Acuff-Rose toward Fair Use Free-for-All?

Fox News Network, LLC v. TVEyes, Inc., 2014 WL 4444043 (S.D.N.Y. Sept. 9, 2014) TVEyes is a media-monitoring subscription service that “records the entire content of television and radio broadcasts and creates a searchable database of that content.” This service allows subscribers to search keywords or phrases to determine and review an aggregation of instances … Continue Reading

Apparel Designs and the “Metaphysics” of Copyright Protection

Varsity Brands, Inc. v. Star Athlectica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014) Metaphysics is usually thought to be the province of philosophers or theologians.  A recent decision by a U.S. District Court in Tennessee, Varsity Brands, Inc. v. Star Athletica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014), reminds us that copyright law can also … Continue Reading

GoldieBlox and the Three Beastie Boys

It was the ad video gone viral of three young girls proudly showing off their elaborate Rube Goldberg machine made of repurposed pink toys.  They sang “it’s time to change, we deserve to see a range” and called for girls “to code the new apps” and “to grow up knowing that they can engineer that.” … Continue Reading
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