By Porter Wright on In a highly awaited software copyright decision, the U.S. Supreme Court recently held that Google LLC’s copying of Oracle’s Java application programming interface (API) is a fair use as a matter of law. Java is a programming language and computing platform originally developed by Sun Microsystems, Inc., which was acquired by Oracle America, Inc. in … Continue Reading
By Donna Ruscitti on NBA star Kawhi Leonard debuted his new signature shoe during the 2020 NBA All-Star game on Feb. 16 in Chicago. The shoe from New Balance noticeably does not include the so-called “KL2” or “Klaw” logo because of Leonard’s ongoing legal dispute with Nike, Inc. Rick Mescher explained Leonard’s lawsuit filed against Nike regarding that logo … Continue Reading
By Porter Wright on On July 17, 2019, Nike, Inc. (Nike) filed its Answer and Counter Claims in response to the complaint previously filed by Kawhi Leonard, now of the Los Angeles Clippers. Read about the complaint in our previous post, Kawhi Leonard v. Nike Inc.: How copyrights can trump trademarks? In its Answer, Nike asks for a declaration that … Continue Reading
By Porter Wright on On Monday, May 3, 2019, in the midst of the NBA finals, Kawhi Leonard of the Toronto Raptors filed a lawsuit against Nike, Inc. (Nike) in the US District Court Southern District of California. The complaint asks the Court for a declaration that Kawhi is the sole author of the “KL2” logo, that his use … Continue Reading
By Porter Wright on On May 8, 2019, the Review Board of the U. S. Copyright Office issued a decision stating that Yeezy 350 Boost Version 1 and Yeezy 350 Boost Version 2 sneakers each include copyrightable subject matter. The Adidas Yeezy sneakers are a collaboration between Adidas AG and Kanye West which has been wildly popular and as … Continue Reading
By Porter Wright on In December 2016, the United States Copyright Office introduced an online registration system and electronically generated directory to replace the office’s old paper-based system and directory for filing DMCA agent information. The office no longer accepts paper designations. To designate an agent, a service provider must register with and use the office’s online system. While … Continue Reading
By Porter Wright on To a music lover and intellectual property attorney, this story is a wonderful collision of law and musical lore. Paul McCartney’s efforts to regain ownership of the Lennon/McCartney (or is it now “McCartney/Lennon?”) music catalog from Sony combines two interesting tales–the story of how Sony came to own the catalog to begin with and the … Continue Reading
By Marty Miller on Four years after fully embracing international copyright exhaustion in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court has finally taken up the issue of patent exhaustion. In Impression Products, Inc. v. Lexmark International Inc., the Court has been asked to answer two questions: Whether a sale that transfers title to the patented … Continue Reading
By Donna Ruscitti on We’ve previously posted about the Defending Trade Secrets Act allowing plaintiffs to pursue a trade secret claim in federal court. Our colleagues at Employer Law Report recently reported on how employers can take advantage of this Act. An important piece of the Act includes immunity from criminal and civil liability for employees who disclose their … Continue Reading
By Porter Wright on While patent, trademark, and copyright cases have had a place in federal law and a home in federal court, trade secret law has been relegated to the jurisdiction of state courts. Until now. With the passage of the Defend Trade Secrets Act of 2016 (DTSA), which President Obama signed in to law on May 11, … Continue Reading
By Porter Wright on Remember the dispute of copyright ownership over a selfie taken by a macaque in 2011? I wrote about it earlier this year when the owner of the camera that was used to take this shot sued Blurb, Inc., for unauthorized use of copyright. Well, the monkey has apparently spoken. On Sept. 22, PETA filed a … Continue Reading
By Porter Wright on You may have heard about the dispute of copyright ownership over a selfie taken by a macaque in 2011. The wildlife photographer who owned the camera claimed ownership when a website published the photo without his permission. Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on … Continue Reading
By Porter Wright on By now, you probably have heard of the infamous “left shark” in Katy Perry’s Super Bowl XLIX halftime show, who went off script and did its own moves during “Teenage Dreams” and “California Gurls.” So much buzz built about the shark that a 3D printing service, Shapeways, starting offering Left Shark models online, which prompted … Continue Reading
By Brian Hall on Back in the 1960’s, legendary bluesman Muddy Waters wrote a song called “You Can’t Lose What You Ain’t Never Had.” Now, it is Sony Pictures that is singing the blues, as damages continue to mount following the cyber attack on its data networks just before Thanksgiving. A shadowy group with possible connections to the North … Continue Reading
By Porter Wright on Its time for our ink jet printers to move aside and begin to collect dust because there is a new kid in town: 3D printers. 3D printers are not technically “new” technology; they have been used by engineers since the 1980s. However, they are new to everyday consumers, and they threaten to become mainstream in … Continue Reading
By Marty Miller on Many businesses outsource work such as website creation, software development or other creative tasks, engaging the services of companies or individuals experienced in these fields. Some are surprised to learn, often the hard way, that paying someone to create your website, develop software or produce other works of authorship does not mean you own the … Continue Reading
By Marty Miller on Under a recent U.S. Supreme Court ruling, publishers of books and magazines who print and sell their publications in other countries through distributors will no longer be able to rely on U.S. copyright law to prevent others from importing and re-selling those publications in the U.S. In Kirtsaeng v. John Wiley & Sons, Inc.1, the … Continue Reading
By Dave Shouvlin on Co-Authored By: Robert J. Morgan For those businesses that might be tempted to enjoin another’s use of a common name, be advised: you might be inviting unexpected grief. In a “where the rubber hits the road decision,” the Cuyahoga County (Ohio) Court of Appeals ruled recently in the case of Bedford Auto Dealers Ass’n v. … Continue Reading
By Dave Shouvlin on Think recovery of attorneys’ fees in copyright infringement cases is just for plaintiffs? Think again. Plaintiffs’ counsel should take heed of the chilling tale in Fharmacy Records v. Salaam Nassar, Nos. 10-1354, 10-2073, 2012 WL 573942 (6th Cir. Feb. 23, 2012), discussed below. But first, some background. In Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994), the … Continue Reading
By Dave Shouvlin on The Sixth Circuit recently issued a rare decision addressing ownership of renewal copyrights – in some of country singer Roger Miller’s songs: Roger Miller Music, Inc. v. Sony/ATV Publishing, LLC, Case No. 10-5363, 2012 WL 555485 (6th Cir. Feb. 22, 2012). It is worth a read if you have occasion to wrestle with renewal copyright issues. Renewal copyrights … Continue Reading
By Porter Wright on The Digital Millennium Copyright Act (DMCA) at 17 U.S.C. §1201(a) prohibits the circumvention of technological protection measures used by copyright owners to prevent copying. However, subsection (a)(1)(C) allows the United States Copyright Office every three years to exempt certain classes of copyrighted works from the circumvention prohibition if the prohibition is likely to adversely affect … Continue Reading