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Searching Content indexed under Intellectual Property by Davis & Gilbert ordered by Published Date Descending.
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Intellectual Property Litigation Alert >> Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment In Right Of Publicity And Trademark Suit
A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online
United States
6 Aug 2019
2
Intellectual Property Litigation Alert >> Copying Photographs Found Online And The Fair Use Defense
Two recent federal court decisions involving a company's unauthorized use of a photograph found online illustrate how courts evaluate the fair use defense to a claim that the company infringed the photographer's copyright.
United States
19 Jul 2019
3
Trademark >> No Longer "FUCT" - Scandalous Mark Provision Struck Down By Supreme Court
What constitutes a "scandalous" trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act
United States
19 Jul 2019
4
Patents >> Patent Troll Suits Down, Not Out In 2018
Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress
United States
18 Jul 2019
5
Music >> What's Going On? Another Marvin Gaye Lawsuit Tests The Limits Of Copyright Protection
Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial.
United States
18 Jul 2019
6
Copyright >> Supreme Court Settles Circuit Split On When A Plaintiff May Sue
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials.
United States
18 Jul 2019
7
Intellectual Property Alert >> Patent And Trademark Office Clarifies Rules For Cannabis Trademarks
The U.S. Patent and Trademark Office (USPTO) has traditionally refused registration of cannabis and cannabis-related offerings because "use in commerce" under the Trademark Act means "use in lawful commerce" and such offerings were prohibited under federal law.
United States
12 Jul 2019
8
Trademark License Rights Survive Rejection in Bankruptcy
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee's rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement.
United States
18 Jun 2019
9
Digital Media, Technology & Privacy Alert >> 1-800 Contacts Unlawfully Restricted Competitors' Trademark Use In Search Engine Marketing
The Federal Trade Commission (FTC) has decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors ...
United States
23 Nov 2018
10
Augmented Reality Leapfrogs Its Virtual Cousin, But Will Legal Questions Slow Its Momentum?
Flip back through articles, columns, tweets and other prognostications from marketing pundits over the past decade plus
United States
14 Nov 2018
11
Intellectual Property Litigation Alert >> When Does "Copying" A Photograph Of A Building Constitute Copyright Infringement?
A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings ...
United States
30 Oct 2018
12
Entertainment, Media & Sports Alert >> President Trump Signs The Music Modernization Act Into Law
The MMA also updates processes for how mechanical royalties are calculated and split among the artists and songwriters.
United States
17 Oct 2018
13
Street Art, Copyright Infringement, And De Minimis Use
The legal protections afforded to graffiti and "street art" artists have gained increased visibility in recent months.
United States
7 Sep 2018
14
Trademark >> What's In A Name?
Selecting the title of a film, book or other creative content can be a daunting task.
United States
25 May 2018
15
Patents >>Supreme Court Seeks To Curb The Worst Abuses Of The Patent System
Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken.
United States
25 May 2018
16
Copyright >> Inline Links To Unlicensed Third-Party Content Now May Be Copyright Infringement
For years, copyright attorneys throughout the country have relied on a decision from a Federal appellate court in the 9th Circuit to advise clients that they may safely place on their websites...
United States
25 May 2018
17
Are APIs No Longer Safe To Use When Creating Mobile And Other Software Applications?
A recent decision in the longstanding fight between Oracle and Google could change the way software developers and programmers use APIs when creating mobile and other software applications.
United States
8 May 2018
18
The Ninth Circuit's "Blurred Lines" Decision: What Advertisers Should Know
In a much-anticipated decision, the Ninth Circuit Court of Appeals declined to overturn a 2015 jury verdict that Robin Thicke and Pharrell Williams' hit "Blurred Lines" infringed on Marvin Gaye's "Got To Give It Up."
United States
5 Apr 2018
19
NCAA Obtains Injunction Over "March Madness" And "Final Four" Trademarks
The U.S. District Court for the Southern District of Indiana sided with the National Collegiate Athletic Association (NCAA) and awarded a permanent injunction ...
United States
14 Mar 2018
20
Trouble In Patent Troll Paradise?
Recent Supreme Court decisions will likely curb actions by non-practising entities, say Marc J Rachman, and Devin A Kothari.
United States
30 Aug 2017
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