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Party Raising "First Sale" Defense To Copyright Infringement Bears Initial Burden Of Proof
The 9th Circuit acknowledged that Adobe "easily" established a prima facie case of copyright infringement.
United States
10 Feb 2016
CMS Finalizes Stark Law Amendments
On November 16, 2015, the Centers for Medicare and Medicaid Services (CMS) published the 2016 Medicare Physician Fee Schedule final rule with comment period in the Federal Register at 80 Fed. Reg. 70,886
United States
25 Nov 2015
Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notification
Plaintiff Stephanie Lenz uploaded to YouTube a 29-second home video featuring her children dancing to the Prince song Let's Go Crazy.
United States
11 Nov 2015
CBP Expands Information Sharing Procedures To Help Detect Counterfeit Merchandise
Effective today, U.S. Customs and Border Protection (CBP) implemented a final rule expanding CBP's information sharing procedures with importers and trademark owners with respect to merchandise suspected of bearing counterfeit trademarks.
United States
20 Oct 2015
Ray Charles Foundation Can Challenge Heirs' Attempt To Reclaim Copyrights
The Ray Charles Foundation is the sole beneficiary of the Ray Charles estate. The Foundation relies on royalty income from Charles's copyrights to fulfill its mission.
United States
15 Oct 2015
TTAB States Documents Filed On Same Day Are Filed At Same Time
A trademark applicant expressly abandoned its application through the U.S. Patent and Trademark Office's TEAS electronic filing system on the same day the application was opposed...
United States
11 Sep 2015
No Lanham Act Standing Without U.S. Trademark Use Or Registration
Addressing the issue of standing in a cancellation action at the USPTO's Trademark Trial and Appeal Board, the U.S. District Court for the Eastern District of Virginia reversed a TTAB decision cancelling a federal trademark registration.
United States
8 Apr 2015
Pom Wonderful Likely To Succeed In Infringement Claim Against "Pŏm"-Branded Beverage
Plaintiff Pom Wonderful owns registered trademark rights for a family of "POM" trademarks in connection with various goods, including pomegranate beverages.
United States
11 Feb 2015
Procedural Missteps Cause Fifth Circuit To Affirm Judgment, Fee Award
In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee award against a registered trademark owner based in part on the owner’s procedural missteps.
United States
26 Nov 2014
Unincorporated Associations Can Own And Enforce Trademark Rights
For at least 40 years, Southern California Darts Association has used the trademarks "Southern California Darts Association," "SCDA," "SoCal Darts" and a related logo design.
United States
15 Oct 2014
Geller and Spencer applied to register the mark "STOP THE ISLAMISATION OF AMERICA" for "providing information regarding understanding and preventing terrorism."
United States
9 Jul 2014
Ninth Circuit Affirms Plaintiff’s Lack Of Standing For Failure To List Copyright As Bankruptcy Asset
The Ninth Circuit affirmed a grant of summary judgment in favor of the defendants in a copyright suit on the grounds that the plaintiff lacked standing.
United States
10 Jun 2014
Criminal Conviction Upheld For Modifying Videogame Console
The Sixth Circuit affirmed a criminal conviction under the DMCA for trafficking technology that modifies technological controls in video game consoles.
United States
14 May 2014
Experience Jimi Hendrix, Post-Mortem Publicity Rights
The U.S. Court of Appeals for the Ninth Circuit, a district court’s ruling finding unconstitutional the provisions of the Washington Personality Rights Act pertaining to post-mortem publicity rights, qualified that its reversal was based on the "narrow set of non-speculative circumstances" at issue in the case.
United States
3 Mar 2014
Untimely Ownership Claim Time-Bars Copyright Infringement Claim Where Basis Of Dispute Is Ownership
The U.S. Court of Appeals for the Ninth Circuit held that a district court properly dismissed a copyright infringement suit as untimely where the plaintiff sought to establish its ownership in several motion pictures more than three years after the defendant repudiated plaintiff’s control of the works.
United States
6 Jan 2014
Use Of Third-Party Artwork In Video Backdrop Is Fair Use
The U.S. Court of Appeals for the Ninth Circuit affirmed that the unauthorized use of an artist's illustration in a video backdrop featured in rock band Green Day's stage show did not violate the Copyright Act, finding, in part, that the use was sufficiently transformative and did not affect the market value of the work.
United States
8 Oct 2013
Acquiring Bare Right To Sue For Copyright Infringement Is Insufficient To Confer Standing
In a case of substance triumphing over form, the U.S. Court of Appeals for the Ninth Circuit held that a company who was effectively assigned the "bare right" to sue for copyright infringement of newspaper articles did not, in fact, have standing to sue.
United States
15 Jul 2013
PTO Decision On Likelihood Of Confusion Not Entitled To Preclusive Effect In Infringment Action
The U.S. Court of Appeals for the Eighth Circuit held that a Trademark Trial and Appeal Board’s decision on likelihood of confusion was not entitled to preclusive effect in a federal trademark infringement action
United States
6 Jun 2013
FTC Updates Guidelines For Making Proper Disclosures In Digital Advertising
The U.S. Federal Trade Commission (FTC) released updated guidance on how to make online advertising and marketing disclosures "clear and conspicuous" to avoid consumer deception.
United States
23 Apr 2013
A Public Icon: Marilyn Monroe Estate Loses Appeal For Publicity Rights
Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law.
United States
15 Nov 2012
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