New Jersey Law Journal | Analysis
By Gene Markin | September 28, 2022
Despite some juries finding infringement based upon substantial similarity of competing works, district and appellate courts have reined in and reversed such verdicts, finding the operative elements of the original works not protectable by copyright.
New York Law Journal | Analysis
By Thomas Kjellberg and Robert W. Clarida | September 28, 2022
The question before the court was whether the alleged "sameness" was substantial enough to amount to copyright infringement.
By Scott Graham | September 27, 2022
The court kicks off Term 2022 with arguments next month in the Andy Warhol fair-use case. Multiple life science companies are also asking the court to take up their patent cases, while a case on trademark extraterritoriality appears destined for certiorari.
By Allison Dunn | September 23, 2022
"When the copyrighted works 'consists[s] of sounds, images, or both, the first fixation of which is made simultaneously with its transmission'—that is, when the copyrighted work is a broadcast of a live event—then the Copyright Act allows an owner to sue for infringement of an unregistered copyright so long as the owner registers the copyright within three months of the live broadcast," Judge Eric L. Clay wrote on behalf of the unanimous three-judge panel.
By ALM Staff | September 20, 2022
This lawsuit was surfaced on Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Eric Alan Stone and Catherine Nyarady | September 13, 2022
This article reports on 'Andy Warhol Foundation for Visual Arts v. Goldsmith', which may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.
By Brian Lee | September 6, 2022
The plaintiff, Strike 3 Holdings, dismissed 40 lawsuits throughout New York, including one alleging an unnamed Albany, New York, resident with a specific IP address from Spectrum infringed on 24 of its works.
By Scott Graham | September 6, 2022
There's no substitute for a live jury trial when it comes to figuring out one's personal presentation style. And being on a case from start to finish will make them smarter when it comes to future pretrial maneuvering, five associates with recent trial experience said.
By Colleen Murphy | September 1, 2022
"Here, it is the assignability of legal malpractice claims that presents the conflict of laws," the judge stated. "We therefore focus our inquiry on which state has the most significant relationship to the assignability of the legal malpractice claim asserted against Attorney Brown."
By ALM Staff | August 29, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
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