Category: Intellectual Property

Intellectual Property

What Am I Bidding for, the First NFT?

Written by Bryse K. Thornwell In Free Holdings Inc. v. McCoy et al, No. 22-CV-881 (JLC) (S.D.N.Y., March 17, 2023), Magistrate Judge James L. Cott confronted an unclear issue regarding ownership of non-fungible tokens (“NFTs”), which are assets that have been tokenized via a blockchain. NFTs can be unique and quite valuable. The court in Free Holdings considered the issue whether initial registration of an … Continue reading What Am I Bidding for, the First NFT?

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Intellectual Property

Fair Use of “Foul Play”?  SDNY Judge Says No!

Written by Tiana A. Bey In Hachette Book Group, Inc. v. Internet Archive, No. 20-CV-4160 (JGK), 2023 WL 2623787 (S.D.N.Y. Mar. 24, 2023), Judge John G. Koeltl ruled that the “digital lending library” operated by Defendant Internet Archive (“IA”) infringed copyrights owned by the Plaintiffs in books that IA had reproduced and distributed to the public on the theory that it could run an “emergency … Continue reading Fair Use of “Foul Play”?  SDNY Judge Says No!

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Intellectual Property

Copyright Office Offers New Guidance for Registering Works Using AI-Generated Materials

Written by Robert H. Rotstein and James Berkley Today (March 16, 2023), the U.S. Copyright Office issued a statement clarifying its practices for examining and registering works containing material generated through use of artificial intelligence (“AI”) technology.  Published in the Federal Register, and available at this link, the statement offers public guidance for registration of works that embody, either wholly or in part, materials generated … Continue reading Copyright Office Offers New Guidance for Registering Works Using AI-Generated Materials

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Intellectual Property

The Eleventh Circuit Rules in Favor of Floribama Shore Creators and Opines on the Future of the “Title-Versus-Title Exception” to the Rogers v. Grimaldi Defense

Written by Lindsay R. Edelstein and Marissa B. Lewis The Eleventh Circuit recently affirmed the Northern District of Florida’s summary judgment decision in MGFB Props., Inc., et al. v. Viacom, Inc., holding that use of the name MTV Floribama Shore for a reality show spin-off of Jersey Shore is protected by the First Amendment and does not infringe the trademark of a well-known bar called Flora-Bama Lounge.  … Continue reading The Eleventh Circuit Rules in Favor of Floribama Shore Creators and Opines on the Future of the “Title-Versus-Title Exception” to the Rogers v. Grimaldi Defense

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Intellectual Property

9th Circuit Applies Rogers Test to “Punchbowl” Case

Written by Chloe N. George This week, the Ninth Circuit affirmed the Central District of California’s summary judgment in favor of AJ Press, LLC, owner of Punchbowl News, against Punchbowl, Inc. in a trademark infringement action under the Lanham Act.[1] The Ninth Circuit applied the Rogers test, established by Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) and adopted by the Ninth Circuit in … Continue reading 9th Circuit Applies Rogers Test to “Punchbowl” Case

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Intellectual Property

SCOTUS to Weigh In on Extraterritorial Reach of the Lanham Act

Written by Brandon E. Hughes The U.S. Supreme Court is poised to review the extraterritorial reach of the Lanham Act in a case that may significantly impact the manner in which trademark owners police and protect their marks abroad.  In Abitron Austria GmbH, et al. v. Hetronic International, Inc., No. 21-1043, 2022 WL 16703748 (U.S. Nov. 4, 2022), the Court will consider whether the Tenth … Continue reading SCOTUS to Weigh In on Extraterritorial Reach of the Lanham Act

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Intellectual Property

New California Law Requires Social Media Companies To Become More Transparent About Their Content Management Policies

Written by Marc Mayer and Stacey Chuvaieva On September 14, 2022, California Governor Gavin Newsome signed Assembly Bill 587, which imposes a set of new obligations on large social media companies. The new law is designed to encourage social media companies to take action to limit the spread of disinformation, misinformation, hate speech, racism, extremism, radicalization, harassment, and foreign political interference. Under the new law, … Continue reading New California Law Requires Social Media Companies To Become More Transparent About Their Content Management Policies

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Intellectual Property

Foreign-Based Infringers Beware: You May Be Within Reach of The Federal Long-Arm Statute

Written by Sofia Castillo Last week, the Court of Appeals for the Ninth Circuit issued another opinion on when U.S. federal courts may exercise specific personal jurisdiction over foreign-based sites sued for copyright infringement. Will Co. Ltd. v. Ka Yeung Lee, No. 21-35617 (Aug. 31, 2022), was published a few weeks after Lang Van, Inc. v. VNG Corporation, 40 F.4th 1034 (9th Cir. 2022) and two … Continue reading Foreign-Based Infringers Beware: You May Be Within Reach of The Federal Long-Arm Statute

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Intellectual Property

California Internet Bill Aimed at Protecting Children Is Signed Into Law

Written by Robert H. Rotstein and James Berkley On September 15, 2022, California Governor Gavin Newsom signed into law bill AB 2273, titled the “California Age-Appropriate Design Code Act” (“AADC”). With certain exceptions, the AADC requires all businesses providing “an online service, product, or feature likely to be accessed by children” to be in compliance with significant new legal obligations by July 1, 2024. “Children” … Continue reading California Internet Bill Aimed at Protecting Children Is Signed Into Law

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Intellectual Property

MSK Obtains Win for Activision in Battle Over Use of the Title “Warzone”

Written by Lindsay R. Edelstein On August 15, 2022, in Activision Publishing, Inc. v. Warzone.com, LLC, Judge Fernando L. Aenlle-Rocha of the Central District of California granted Activision’s motion to dismiss Defendant Warzone.com, LLC’s counterclaim alleging trademark infringement, unfair competition, and false advertising under the Lanham Act and California law.  The Court also granted Activision’s motion for judgment on the pleadings, finding that Activision’s use of the … Continue reading MSK Obtains Win for Activision in Battle Over Use of the Title “Warzone”

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