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May 16, 2006 |

Images of Grateful Dead Concert Posters in Book Deemed Fair Use

A cultural history of the Grateful Dead illustrated with copyrighted posters commissioned by a legendary concert promoter is protected by the fair use doctrine, the 2nd Circuit has ruled. Seven images of concert posters were displayed in "significantly reduced form" in "Grateful Dead: The Illustrated Trip." The ruling was made despite the fact that Dorling Kindersley sought permission from the Bill Graham Archives to use the posters but published them anyway when permission was refused.
4 minute read
May 14, 1999 |

File Early and Often: The Lessons of 'Pfaff'

To trigger the start of the one-year statutory bar under 35 U.S.C. ' 102(b), must an invention be actually reduced to practice or substantially completed when sold or offered for sale? Neither, ruled the United States Supreme Court in Pfaff v. Wells, 119 S. Ct. 304 (1998). Instead, the invention must be "ready for patenting." This paper examines the Pfaff decision and its implications.
8 minute read
June 10, 2005 |

Post-'Festo' Cases Raise More Issues

A number of recent cases have dealt with the threshold issue in a Festo analysis, namely whether an amendment to a patent claim during prosecution of a patent application narrowed the scope of the claim limitation at issue, so as to preclude reliance on the doctrine of equivalents. Attorney Catriona M. Collins discusses this issue through an analysis of several Federal Circuit decisions.
10 minute read
January 16, 2006 |

A Textbook Case

How much of the right to control one's public persona - the so-called right to publicity - is lost when a story and photograph appear first on the Internet?
7 minute read
July 09, 2007 |

Porn Pix Redux

An adult-oriented magazine has its work cut out for it in the wake of a Ninth Circuit ruling in the publication's copyright infringement suit.
3 minute read
October 27, 2009 |

No Money Back for Gallery Worker Who Relied on Estimate of Schnabel Painting's Value

A woman who worked in art galleries in Beijing and relied on an art dealer's valuation of a painting by Julian Schnabel cannot recoup the $290,000 she paid for the work, a Manhattan judge has ruled. The judge dismissed the woman's suit, finding that a "party is not justified in relying on any alleged misrepresentations if the facts were not peculiarly within" the other party's knowledge and the party had the means to learn the truth by exercising ordinary intelligence.
3 minute read
January 09, 2007 |

Newsbriefs

5 minute read
Penguin Group (USA) Inc. v. American Buddha, 09 Civ. 528
Publication Date: 2009-04-28
Practice Area: Civil Practice
Industry:
Court: U.S. District Court for the Southern District
Judge: Gerard Lynch
Attorneys:
For plaintiff:
For defendant:
Case number: 09 Civ. 528

District Judge Gerard E. Lynch U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Richard Dannay, Thomas Kjellberg, Cowan, Liebowitz & Latman, P.C., New York,

May 17, 2007 |

Fair Use Puts Nudie Pics Back on Google

The world's dominant search engine scored a significant copyright victory today against cheesecake purveyor Perfect 10, which had attacked Google over its thumbnail images service.
4 minute read
August 25, 2000 |

Journalists Born to Run With Springsteen Bootleg?

Bruce Springsteen made headlines with a song about the shooting of Amadou Diallo by New York City police. Journalists ran commentary about the song, quoting the lyrics extensively and using audio clips of Springsteen performing the song in concert. While the fair use doctrine under the Copyright Act probably protects use of the lyrics, the use of the audio clips is another story.
1 minute read

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