Intellectual Property

Comic Book Copyright Case Leaves Questions On Pre-1976 Freelancer Rights

October 1, 2014

The Supreme Court will not weigh in on a case that involves superheroes and asks whether freelancers can retain copyrights […]

USPTO Promotes Patent Litigation Toolkit

September 30, 2014

An assessment of the USPTO’s recently released “litigation toolkit,” which Courtenay C. Brinckerhoff with Foley & Lardner LLP suggests may lead some inexperienced persons to act without the help of an attorney.

Artist’s Infringement Claims Against ‘Avatar’ Director Fall Short

September 24, 2014

A Court found that artist William Roger Dean did not create a convincing argument that director James Cameron stole imagery […]

Effect Of Foreign Patent Proceedings On U.S. Patent Litigation

September 24, 2014

Care should be taken in foreign patent prosecution, as it is likely to be monitored and considered by opponents in U.S. litigation, and there may be an effort to introduce into evidence some aspect of the foreign proceedings.

Seventh Circuit Criticizes Second Circuit’s “Transformative Use” Approach to Fair Use

September 24, 2014

The Seventh Circuit issued the first Circuit-level critique of Cariou v. Prince, creating a noteworthy Circuit split on the correct application and significance of a work’s “transformative use” on the fair use inquiry.

Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

September 24, 2014

When Monster energy drink sent Victory Energize a cease-and-desist letter, Victory went on the offensive, painting Monster as a “trademark bully” and asking a Court to dismiss, and award legal fees. Steve Baird of Winthrop & Weinstine, P.A. outlines the case, and examines whether “bully” is an appropriate claim.

Situation And Progress Report From the USPTO

September 24, 2014

A high-ranking U.S. Patent and Trademark Office official was in Geneva this week for a meeting of the World Intellectual […]

Graffiti Artists Charge ‘Infringement’ Against Companies That Use Their Work

September 24, 2014

Street artists whose outdoor murals have been used as background for retail ads or re-created on film sets have lawyered […]

SCOTUS June Patent Decision Already Impacting Appeals Court Rulings

September 17, 2014

An appeals court recently threw out rulings that would have awarded Patent licensing firm VirnetX Holding Corp. millions in damages […]

New Copyright Compendium Provides Some Answers For Website Owners

September 17, 2014

The Copyright Office’s Copyright Compendium, effective Dec. 2014, includes helpful guidance regarding website and website content, including authorship of a site, though Mark Sableman with Thompson Coburn LLP says other notable areas – fair use and implied license – are nearly ignored.

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