New York Law Journal | Analysis
By Robert W. Clarida and Robert J. Bernstein | March 19, 2020
For the past five years, the copyright bar and the music industry have carefully followed the many twists and turns of 'Skidmore v. Led Zeppelin', a potentially monumental infringement case. On March 9, 2020, a unanimous en banc panel of the Ninth Circuit resolved some thorny issues involving substantial similarity and copyright scope that will be important for future litigants. In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein review some of the main takeaways from decision.
By Scott Graham | March 18, 2020
Bruce Brown Films, the company that merchandises "The Endless Summer," is accusing Nike and Footlocker of trading on the title and the movie poster from Brown's classic 1966 documentary.
By Scott Graham | March 16, 2020
The anthropomorphized emotions in the movie "Inside Out" might be similar to characters from a children's book series, but they're not distinctive enough to be copyrighted, according to the U.S. Court of Appeals for the Ninth Circuit.
By Samuel Lewis | March 16, 2020
Perhaps the thing I love most about intellectual property law is that it deals with the intellectual pursuits that make life worth living: music, art, literature, technology and science.
New York Law Journal | Analysis
By Lewis R. Clayton and Eric Alan Stone | March 10, 2020
This term, the Supreme Court may decide whether Google's copying of portions of Oracle's Java platform for use in Google's Android operating system was a fair use, and, separately, the Ninth Circuit will consider whether the use of illustrations from Dr. Seuss's Oh, the Places You'll Go! in a comic mash-up with Star Trek was a fair use. Lewis R. Clayton and Eric Alan Stone report on the cases in this edition of their Intellectual Property Litigation column.
By Scott Graham | March 9, 2020
The court ruled en banc that the inverse-ratio rule, in particular, a formulation from former Ninth Circuit Judge Alex Kozinski that made substantial similarity very easy to prove, should be discarded.
The Legal Intelligencer | News
By Scott Graham | March 9, 2020
In a win for iconic rock band Led Zeppelin, the U.S. Court of Appeals for the Ninth Circuit, rejecting a Media-based attorney's argument, ruled en banc that the inverse-ratio rule, which made substantial similarity in copyright cases very easy to prove, should be discarded.
By Scott Graham | March 9, 2020
The appellate court ruled en banc in favoring of discarding a formulation by former Ninth Circuit Judge Alex Kozinski.
By Scott D. Locke | March 6, 2020
'Energy Intelligence Group v. Kayne Anderson Capital Advisors' has significant ramifications for both copyright litigation strategies and how authors and copyright owners should name their digital files.
Daily Business Review | Commentary
By Alexander Brown and Scott Smiley | March 4, 2020
This new and, theoretically, efficient means of challenging a patent's validity has been regularly pursued by accused infringers, with nearly 11,000 IPR challenges having been filed as of Nov. 30, 2019.
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