Searching Content indexed under Intellectual Property by Thompson Coburn LLP ordered by Published Date Descending.
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Appellate Court Leaves Open Question Of Good Faith In Copyright Litigation
They say if you choose not to decide, you still have made a choice. At least Rush's lead singer, Geddy Lee, and the Fourth Circuit Court of Appeals agree on this truism.
United States
5 Jul 2019
Supreme Court Decides Key Trademark Licensee Issue In Bankruptcy
On May 20, 2019, the U.S. Supreme Court ruled a trademark licensee can continue to use the trademark after a bankrupt licensor rejects ...
United States
5 Jun 2019
Branding Your Bud: New U.S. Trademark Office Guidelines For Cannabis
Cannabis companies have not historically had access to the same avenues of brand protection as other companies.
United States
28 May 2019
Montana Court Finds Copyright Lawsuit Is All Hat, No Cattle
All is fair in love and war. Political campaigns seem to get a break too, based on a copyright infringement case involving the Republican National Committee's copying of a photograph used in a political advertisement.
United States
14 May 2019
Supreme Court Rules Copyright Claimants Must Begin Later, Get Less
In two unanimous rulings, the Supreme Court limited when a copyright claimant can file suit and how much a successful claimant can recover in litigation expenses.
United States
13 Mar 2019
Willie's Creative Commons Lesson: The Essential Attribution Requirement
Creative Commons is a great resource for those looking for fully-licensed, free photographs.
United States
11 Mar 2019
Dentist's Failed Suit Demonstrates A Copyright's Bite Needs More Than Teeth
You can copyright just about any design, right? Not quite.
United States
22 Feb 2019
Social Media Photos, Once Again, Are Not Fair Game
For those who missed the message five years ago that social media photos aren't free to use, a new decision
United States
1 Feb 2019
Copyright Office Identifies Visual Arts Copyright Problems, Solutions
Our forms are antiquated and difficult to use. Our definition of "publication" is important but hard to understand and apply.
United States
29 Jan 2019
Fair Use Isn't Arithmetic
Everyone — including lawyers and judges — likes simple legal rules.
United States
30 Oct 2018
Are Campaigns Running On Infringement?
As we move further into a political season, we can expect to hear a lot about copyright law.
United States
5 Sep 2018
European Court Teaches Internet Copyright 101
The "it's on the Internet, so I can use it" excuse has been rejected once again, this time by the European Union's highest court.
European Union
31 Aug 2018
Mark Sableman Speaks At Photography Hall Of Fame
On August 4, Mark Sableman spoke at the International Photography Hall of Fame and Museum in St. Louis, on the topic "Copyright and Photography: What you should know."
United States
21 Aug 2018
Two Skyline Photo Cases, Two Different Results
Two cases involving photographs of city skylines illustrate what is, and isn't, copyright infringement.
United States
16 Aug 2018
Are Headline And Title Writers Getting Too Cocky About Their IP Rights?
Everyone is chasing the perfectly crafted headline that you can't help but click, share or buy.
United States
3 Aug 2018
Circuit Split Alert: U.S. Supreme Court To Decide Key Copyright Lawsuit Precondition
Do copyright owners need an issued copyright registration or only a pending application to enforce their copyright in federal court?
United States
10 Jul 2018
In Infringement, Sometimes The Little Things Don't Mean A Lot
In the immortal words of "Caddyshack"'s Ty Webb, a flute without holes is not a flute. Similarly, a de minimus infringement is not an infringement, according to a New York federal judge...
United States
23 May 2018
Supreme Court Nixes USPTO's Practice Of Partially Instituting IPR Challenges
While the Oil States Energy Services, LLC v. Green's Energy Group, LLC case was one of the most intensely followed Supreme Court decisions in many years, another decision issued on April 24, 2018...
United States
1 May 2018
The Supreme Court Upholds The Constitutionality Of The IPR Process
This term, the United States Supreme Court took up the issue of whether inter partes review ("IPR") proceedings conducted by the U.S. Patent and Trademark Office ("USPTO") violated...
United States
27 Apr 2018
Part III: Another Update On IPR Estoppel In The Courts And At The PTAB
In March 2017, I reported on the shifting standard for estoppel in inter partes review (IPR) proceedings. See The shifting standard for IPR estoppel: Where are we now? In September 2017...
United States
5 Apr 2018
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