Jonathan Moskin

February 07, 2024 | Law.com

The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.

By Jonathan Moskin and Rachel Pauley

12 minute read

June 20, 2023 | Law.com

A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this "troublesome" area remains to be seen.

By Jonathan Moskin

9 minute read

January 09, 2023 | Law.com

The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel's Properties that VIP's "Bad Spaniels" dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another's mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.

By Jonathan Moskin

10 minute read

September 11, 2018 | Law.com

NantKwest v Iancu

The Federal Circuit sitting en banc reversed its own prior ruling and held that “all expenses of the proceeding” does not include attorneys' fees.

By Jonathan Moskin

12 minute read

April 06, 2009 | Legaltech News

Before Jacobsen v. Katzer, commercial software developers often avoided incorporating open source components in their offerings for fear of being stripped of ownership rights. Following Jacobsen, commercial software developers should be even more cautious.

By Jonathan Moskin, Howard Wettan and Adam Turkel

11 minute read