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Prosecution Pointer 113
WIPO provides a list of those States bound by the Paris Convention but not the PCT here.
United States
25 Jan 2018
Supreme Court Holds Cheerleader Uniform Designs Are Copyrightable
On March 22, 2017, the Supreme Court held that decorative designs affixed to cheerleader uniforms may be entitled to copyright protection under the Copyright Act of 1976.
United States
3 Apr 2017
Parties In Star Trek Fan Litigation Don't Boldly Go Into The Unknown; Settle Claims
The Central District of California recently denied both parties' motions for summary judgment in a copyright infringement case involving a fan Star Trek film, setting the dispute up for a jury trial.
United States
8 Mar 2017
Library Of Congress Seeks Input On Register Of Copyrights Qualifications
In October 2016, the new Librarian of Congress dismissed the then-current Register of Copyrights and named an interim Register.
United States
28 Dec 2016
Copying Another Attorney's Legal Brief Is Not Fair Use
On September 13, 2016, the U.S. District Court for the Central District of California ruled that an intellectual property attorney had failed to show his copying of another's legal brief was fair use.
United States
18 Oct 2016
E.D. VA. Agrees With Jury: Cox Contributory Liable For Infringing BMG's Copyrights
The U.S. District Court for the Eastern District of Virginia held ISPs can be liable, if the ISP fails to properly follow the Digital Millennium Copyright Act ("DMCA").
United States
10 Oct 2016
Cruz For President Cannot Avoid Copyright Infringement And Breach Of Contract Claims
In May of 2016, "Cruz for President" and its ad agency (together "Cruz") were sued by a music downloading website and two artists (collectively "Leopona") for breach of contract and copyright infringement.
United States
25 Jul 2016
SCOTUS Finds "Objective Reasonableness" Pivotal, But Not Dispositive, In Determining Attorney Fees Under Copyright Act
Section 505 of the Copyright Act allows attorney's fees to be awarded to the prevailing party, and the Supreme Court, in Fogarty v. Fantasy, Inc., 510 U.S. 517 (1994), created a list of factors that should be considered...
United States
24 Jun 2016
What Prince Can Teach All Companies About Rebranding
The death of Prince Rogers Nelson came as a shock to the world. It also gave us an opportunity to reflect on the vast accomplishments of the man known by so many names.
United States
13 May 2016
Second Circuit Rules That Google's Book Scanning Project Is Fair Use
Google Inc.'s practice of scanning millions of books and making the digital copies available for online searching is transformative fair use under U.S. copyright law, the Second Circuit has ruled.
United States
6 Nov 2015
California District Court Holds That City Cannot Use Copyright To Stop Criticism
The court concluded that it could "scarcely conceive of works that are more appropriately protected by the fair use doctrine and § 107 than the Teixeira Videos."
United States
29 Sep 2015
Score One For The Copyright Office: Sixth Circuit Finds Copyright Registrations For Cheerleading Uniforms Valid
On August 19, 2015, in a 2-1 majority opinion, the Sixth Circuit weighed in on the level of deference due to the Copyright Office's determinations of registrability...
United States
27 Sep 2015
Ninth Circuit Rules That Copyright Owners Must Consider Fair Use Before Sending DMCA Takedown Notifications
On September 14, 2015, in what has become known as the "dancing baby case," the Ninth Circuit held that copyright holders must consider fair use before sending a DMCA takedown notification.
United States
22 Sep 2015
Manufacturer That Sold Copied Goods Not Liable For Reverse Passing Off
On August 5, 2015, the Sixth Circuit held that a manufacturer selling copied goods was not liable for false designation of origin under a reverse passing off theory.
United States
20 Aug 2015
Request For Fees And Costs By Haiti Earthquake Photojournalist Denied By SDNY
Despite receiving a 1.2 million dollar verdict in a copyright infringement suit involving photos taken after the 2010 Haiti earthquake, additional requests by the prevailing-litigant photographer have not fared as well.
United States
5 Aug 2015
11th Circuit Affirms Finding Of Copyright Infringement In Zebra And Polka Dot Print Boots; Clarifies "Willful" Standard
The 11th Circuit has affirmed a Southern District of Florida ruling that Olem Shoe Corporation did not willfully infringe copyrights owned by Washington Shoe Company, but did infringe in general.
United States
3 Aug 2015
Judge Awards WordPress Owner Damages In False DMCA Takedown Case
For the first time, a magistrate judge has awarded money damages in a case involving the filing of a DMCA takedown notice with material misrepresentations.
United States
30 Jul 2015
SDNY Holds Fair Use Not Applicable To Most Images On Gossip News Website
The U.S. District Court for the Southern District of New York recently evaluated whether non-licensed images posted to a celebrity gossip news site constitute fair use.
United States
29 Jul 2015
DMCA Compliance Requires Removal Of Infringing Materials And Responding To A DMCA Subpoena
An internet service provider ("ISP") must respond to a subpoena issued under the Digital Millennium Copyright Act (DMCA)...
United States
24 Jul 2015
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