Category: Intellectual Property

Intellectual Property

Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment

Written by Brandon E. Hughes In 2022, Shosh Yonay and Yuval Yonay sued Paramount Pictures Corporation, principally asserting a copyright infringement claim related to the 2022 motion picture Top Gun: Maverick—sequel to the 1986 film Top Gun.  Plaintiffs are the widow and son of Ehud Yonay, the author of a 1983 magazine article (the “Article”), which chronicled the experiences of pilots training at the Navy’s … Continue reading Top Gun: Maverick Copyright Infringement Claim Shot Down on Summary Judgment

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Intellectual Property

Holding That Not All Secondary Liability is the Same, the Fourth Circuit Vacates $1 Billion Copyright Infringement Judgment

Written by Elaine Nguyen Last week, the U.S. Court of Appeals for the Fourth Circuit reversed a $1 billion judgment in favor of record companies against Cox Communications, Inc. Sony Music Entertainment v. Cox Communications, Case No. 2-1168 (4th Cir. Feb. 20, 2024). The opinion addressed the liability of Internet Service providers (“ISPs”) for copyright infringement committed by their subscribers. The case stemmed from allegations … Continue reading Holding That Not All Secondary Liability is the Same, the Fourth Circuit Vacates $1 Billion Copyright Infringement Judgment

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Intellectual Property

Of Ink and Cool Jazz: California Jury Finds For Defendants in Copyright Infringement Case

Written by Chloe Briggs On Friday, January 26, 2024, a jury in the Central District of California rendered a verdict holding that celebrity tattoo artist Kat Von D and related entities did not infringe photographer Jeffrey Sedlik’s copyrighted photo of Miles Davis by tattooing Davis’s image onto a friend’s arm. The jury found that the works were not substantially similar.  Plaintiff Jeffrey Sedlik filed a … Continue reading Of Ink and Cool Jazz: California Jury Finds For Defendants in Copyright Infringement Case

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Intellectual Property

Not-So-Starry Night for Copyright Applicant: Copyright Office Again Refuses To Register an AI-Generated Image

Written by Mark C. Humphrey On December 11, 2023, the U.S. Copyright Office’s Review Board rejected Ankit Sahni’s request for reconsideration of the Copyright Office’s earlier refusal to register an image created using generative AI. The Office found that the image was created using generative AI software and lacked sufficient human authorship to support registration. This is at least the fourth documented rejection on these … Continue reading Not-So-Starry Night for Copyright Applicant: Copyright Office Again Refuses To Register an AI-Generated Image

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Intellectual Property

In Hazy World of AI Law, Judicial Skepticism of AI Output Infringement Claims Continues to Take Shape

Written by Stacey Chuvaieva and Mark Humphrey In a concise order, District Judge Vince Chhabria of the U.S. District Court for the Northern District of California dismissed several claims set forth in comedian and author Sarah Silverman’s class action copyright infringement lawsuit against Meta Platforms. Inc., captioned as Richard Kadrey, et al. v. Meta Platforms, Inc., No. 23-CV-03417-VC, 2023 WL 8039640 (N.D. Cal. Nov. 20, … Continue reading In Hazy World of AI Law, Judicial Skepticism of AI Output Infringement Claims Continues to Take Shape

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Intellectual Property

No Dancing Around Reversal in Copyright Choreography Case

Written by Brandon E. Hughes In 2022, Choreographer Kyle Hanagami (“Hanagami”) brought suit against video game developer and publisher Epic Games, Inc. (“Epic”), claiming that a virtual animation – known as an “emote” – that Epic sold as downloadable content for its game Fortnite infringed Hanagami’s registered copyright in one of his choreographic works. In August 2022, the United States District Court for the Central … Continue reading No Dancing Around Reversal in Copyright Choreography Case

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Intellectual Property

Federal Judge Largely Dismissive of AI Complaint: Anderson v. Stability AI

Written by Stacey Chuvaieva Earlier this year, three artists filed a putative class action, on behalf of themselves and other artists, alleging that Stability AI Ltd., Stability AI, Inc., Midjourney, Inc., and DeviantArt, Inc. had infringed copyrights in their artwork via Defendants’ generative artificial intelligence software. Plaintiffs challenged Stability AI’s creation of the Stable Diffusion software, alleging that Stable Diffusion was “trained” on their works … Continue reading Federal Judge Largely Dismissive of AI Complaint: Anderson v. Stability AI

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Intellectual Property

Analogous Use Saves the Day for Comic Book Character Trademark

Written by Eleanor M. Lackman and Bryse K. Thornwell In Cosmic Crusaders LLC v. Andrusiek, No. 23-1150 (Fed. Cir. Oct. 19, 2023), a case involving comic book characters and trademark rights, the U.S. Court of Appeals for the Federal Circuit explored the application of the “prior use” element of a trademark likelihood of confusion claim under Section 2(d) of the Lanham Act. The court placed … Continue reading Analogous Use Saves the Day for Comic Book Character Trademark

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Intellectual Property

Better Call Saul Receives ‘Sweet Liberty’ From Trademark Suit

Written by Ian Logan On September 25, 2023, the U.S. District Court for the Southern District of New York issued an opinion and order in JTH Tax LLC v. AMC Networks Inc., et al., Case No. 22-cv-06526, ECF No. 44 (S.D.N.Y. Sept. 25, 2023), granting Defendants AMC Networks Inc. (“AMC”) and Sony Pictures Television Inc.’s (“Sony”) motion to dismiss. Applying the test originally set forth … Continue reading Better Call Saul Receives ‘Sweet Liberty’ From Trademark Suit

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Intellectual Property

Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

Written by Robert H. Rotstein and Eleanor M. Lackman On September 25, 2023, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit, sitting by designation in the District of Delaware, issued an opinion addressing the potential liability of an artificial intelligence startup for training its program using a copyrighted database.  Thomson Reuters Enterprise Centre Gmbh, et al. v. Ross Intelligence Inc., … Continue reading Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

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