On behalf of the INTA® Academic Committee: Call for Papers
As the co-chair of the Trademark Scholarship Symposium run by the INTA® Academic Committee, I am pleased to share the following opportunity to present at the upcoming INTA Annual Meeting in Barcelona. Please feel free to share this information with your colleagues in...
What Two Hamburger Commercials Tell Us About Early Dismissal of Copyright Cases
Sealing in the Juices While Sealing Out the Lawsuits It’s sadly true that many copyright cases are garbage, and obviously so, even at a glance. In many circuits, fortunately, trial courts are permitted to subject copyright claims to a kind of smell test. Before the...
Polyvoracious: The Sony-Betamax Rule Lives!
Is it Time to Furl the DMCA Red Flag?
Did the Second Circuit Just Kill “Red Flag” Knowledge? Oh, DMCA caselaw, I can never quit you. Even though you really don’t affect my practice much, you’ve become my hobby, such that I can’t resist commenting on every appellate-level decision involving you. The Basics...
Google v Oracle (Part 3): Why Copyright Is a Bad Fit for Software
NOTE: This is the third (and final) in a series. Part 1 is here. Part 2 is here. See Part 1 for my sources for information about the trial. But it’s All We’ve Got After two trials, one appellate reversal, another appeal on the way, millions on millions of dollars in...
Oracle v Google (Part 2): Was it Fair Use?
Bringing Merger in Through the Side Door This is part 2 in a series (of at least three posts). Part 1 is here.[ref]Do I need to disclose that I'm actually from Mountain View? I guess I just did. I remember when the Googleplex was Silicon Graphics and there wasn't even...
Oracle v Google: The Jury Has Spoken, But What Did it Say?
Note: This post and those following rely on and are indebted to live-tweeting by Sarah Jeong and Mike Swift of the trial. Jeong storified the trial here. You can find Swift’s twitter feed here. I also reference the jury instructions, which you can find here. Once a...
Of Floods, Buses and Copyright Infringement: A Nashville Riddle
Implied “Transition Period” in Software Licenses? Don’t Count on It. Here in Nashville[ref]Technically, there is no “Nashville” as a governmental entity. The city merged with Davidson County in the 1960’s. What we have now is the “Metropolitan Government of Nashville...
Catch Downtown Fever! Why Trademark Ownership Disputes Are the Worst
Who Owns the Jelly Nailed to the Wall? There are few legal holy messes like a dispute over trademark ownership. Sure, copyright and patent ownership disputes can be messy, but nothing like trademark ownership. And, sure, copyright ownership can be tricky, but it’s a...
Crying in Your Beer: With Trademarks, Get Clearance Before Falling in Love
Applications to Register a Trademark Can Give Away Your Position BLACK OPS is a great name for beer. It suggests (and doesn’t merely describe) the beer as dark, secret and elite. It’s as though only you and a select few know about this beer. The thing about excellent...
Cox Rocked, Part 2: What the Jury Said (and Why)
Broadband Isn’t a “Draw” for Infringement, but What About Substantial Non-infringing Uses? Back in late 2014, two of Rightscorp’s clients, BMG Music and Round Hill Music, sued the cable operator and internet-service provider, Cox Communications, for copyright...
The Force Toys Around: Can You Post a Picture of Your Favorite Star Wars Action Figure?
DMCA = Darth’s Malicious Copyright Attack Warning: careful about clicking some of the links. There may be spoilers. Well, a spoiler. I have it on good authority that Star Wars fans were surprised to discover an action figure[ref]Star Wars action figures are a major...
