We Don’t Need a Written Contract Because We’re Such Good Friends. Here’s a link to the decision I’m discussing. Plaintiff, xTomic, is a software developer—and a fairly small one, as is usually the case. Defendants teach others how to carry out certain...
If You Find it on the Internet, Unattributed, Anyone Can Use it, Right? Trevor Moawad runs a consulting group called…. The Moawad Consulting Group. It’s a “mental consulting firm,” which is, I don’t know what it is. Here’s how they describe what they do: “In the field...
Annoying Party Vehicles Drop More Trademark Wisdom Down here in Nashville, we have “pedal taverns,” which are bicycle-powered, street-legal moving bars, favored by bachelorette parties. Only they’re not generically “pedal taverns,” even though that’s what everyone...
The Twists and Turns of Offers of Judgment in Copyright Cases Several years ago, Kayne Capital Advisors did a bad, bad thing. It had one of its employees subscribe to the Oil Daily newsletter, then copied and distributed that one copy to multiple...
Mistakes—Even Hilarious Ones—Are Inevitable. What You Do After Often Matters More. In 2008, the U.S. Postal Service was looking to update its “Forever” stamps. For an entire year, Forever Stamps bore the image of the Liberty Bell, and the public was just tired of it....
Last week, the Ninth Circuit Court of Appeals issued an amended opinion in the “Blurred Lines” case. You can read it here. The holding is the same: the jury verdict of copyright infringement is affirmed. But it makes one substantive change to its analysis:...
