Category: Intellectual Property

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

Unknown's avatarmskllpLeave a comment
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

Unknown's avatarmskllpLeave a comment
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”

Unknown's avatarmskllpLeave a comment
Intellectual Property

Industrial Strength Parody – Fair Use and Musicals

Written by Ian Logan On May 12, 2022, Judge Laura Taylor Swain of the Southern District of New York held that Vape—a parodic retelling of famous musical Grease through a feminist lens—constitutes fair use.  See Sketchworks Industrial Strength Comedy, Inc. v. James H. Jacobs, et al., No. 19-CV-7470-LTS-VF, 2022 WL 1501024 (S.D.N.Y May 12, 2022).  The case was initiated by Sketchworks, a Georgia-based sketch comedy … Continue reading Industrial Strength Parody – Fair Use and Musicals

Unknown's avatarmskllpLeave a comment
Intellectual Property

Of Brides and Instagram: Second Circuit Vacates Injunction Giving Employer Control Over Social Media Accounts that Use Employee’s Name

Written by Alexandra Anfuso Recently, in JLM Couture, Inc. v. Gutman (2d Cir. January 25, 2022), the Second Circuit vacated the provision of a preliminary injunction prohibiting Hayley Paige Gutman, a bridal gown designer and social media influencer, from accessing social media accounts under the “Hayley Paige” name.  Hayley Paige Gutman is the namesake of the “Hayley Paige” line of wedding dresses.  In 2011, Gutman signed … Continue reading Of Brides and Instagram: Second Circuit Vacates Injunction Giving Employer Control Over Social Media Accounts that Use Employee’s Name

Unknown's avatarmskllpLeave a comment
Intellectual Property

Inadvertent Legal Errors Cannot Undo Copyright Registrations

Written by Rebecca Benyamin On February 24, 2022, the U.S. Supreme Court issued Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 595 U.S. ___ (2022), holding that where a copyright holder lacks either factual or legal knowledge as to an inaccuracy in a copyright application (and registration certificate), the Copyright Act’s safe harbor provision excuses such inadvertent error.   A valid copyright registration carries significant advantages … Continue reading Inadvertent Legal Errors Cannot Undo Copyright Registrations

Unknown's avatarmskllpLeave a comment
Intellectual Property

The Dawn of a New Day: USPTO Implements the TMA

Written by Alesha M. Dominique and Caen A. Dennis On November 17, 2021, the United States Patent and Trademark Office (USPTO) issued its highly anticipated final rule, which amends the rules of practice in trademark cases to implement provisions of the Trademark Modernization Act of 2020 (TMA).  Many parts of the final rule will go into effect on December 18, 2021, with other portions effective on December 1, 2022.  … Continue reading The Dawn of a New Day: USPTO Implements the TMA

Unknown's avatarmskllpLeave a comment
Intellectual Property

To Link or Not to Link: Embedding Content and Copyright Infringement

Written by Leo Lichtman A few weeks ago, we reported on Nicklen v. Sinclair Broad. Co., a case out of the Southern District of New York that expressly rejected the “server test” established by the Ninth Circuit in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1160 (9th Cir. 2007).  The server test sets forth a limitation for when a copyrighted work is “displayed” … Continue reading To Link or Not to Link: Embedding Content and Copyright Infringement

Unknown's avatarmskllpLeave a comment
Intellectual Property

Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Written by Leo Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights.  See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature photographer … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Unknown's avatarmskllpLeave a comment
Intellectual Property

Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.

Written by Lillian Lee On August 6, 2021, the United States District Court for the Central District of California held that a trademark owner could proceed on a claim of direct trademark infringement against a blogger and social media “influencer.” The court’s ruling highlights the possibility that brand influencers may be held liable for trademark infringement in connection with the products they promote.  Petunia Products, … Continue reading Trademark Liability for Social Media Influencers? C.D. Cal. Court Says It’s Possible.

Unknown's avatarmskllpLeave a comment