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July 14, 2022 | New York Law Journal

'Morford v. Cattelan': If Two Artists Tape a Banana to a Wall …

The precedential value of the 'Morford' decision will probably be slim to none.
9 minute read
May 19, 2022 | New York Law Journal

'Gray v. Hudson' Rules on Copyrightability of Musical Elements

The decision articulates the current state of Ninth Circuit law regarding the threshold of protectable originality in music infringement cases, and because so many music cases are brought in the Ninth Circuit the ruling will likely be significant to music litigators nationwide.
9 minute read
April 08, 2022 | Law.com

Skilled in the Art With Scott Graham: Checking on Kathi Vidal's To-Do List at the PTO + Drew Hirshfeld Preparing for a New Chapter + 'Ghosts of Trademarks Past' Haunt CAFC Argument

Fintiv, Arthrex review, patent eligibility and SEP licensing are just a few of them items on the menu. Hirshfeld has agreed to stick around a few months as acting deputy to support the transition.
11 minute read
March 17, 2022 | New York Law Journal

Comedians' Claims Against Pandora Are No Laughing Matter

In dual lawsuits filed on Feb. 7, 2022, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions"—their standup routines—by streaming the sound recordings that embody those routines without a license for the spoken word works.
8 minute read
January 20, 2022 | New York Law Journal

Supreme Court Hears Argument in 'Unicolors'

In this edition of their Copyright Law column, Robert W. Clarida and Thomas Kjellberg describe some of the major issues the court addressed in oral argument in 'Unicolors v. H&M Hennes & Mauritz'—presently before the U.S. Supreme Court—and will identify some questions that are likely to remain open no matter the outcome.
8 minute read
June 17, 2021 | Insurance Coverage Law Center

Arch Insurance Co. v. Kubicki Draper, LLP

In a case that had been pending before it for almost two years, the Florida Supreme Court has ruled that a professional liability insurer could bring a malpractice claim against appointed defense counsel based on a subrogation claim in its policy.
14 minute read
June 17, 2021 | Insurance Coverage Law Center

Arch Insurance Company v. Kubicki Draper, LLP

In a case that had been pending before it for almost two years, the Florida Supreme Court has ruled that a professional liability insurer could bring a malpractice claim against appointed defense counsel based on a subrogation claim in its policy.
11 minute read
November 30, 2020 | New York Law Journal

NY's 1st Dept. Rules for Software Developer in Dispute Over Major League Baseball Gaming App

An app developer alleged that MLB's tech arm fraudulently entered a nonexclusive contract for STA to develop an in-game app that allowed users to earn points by predicting the outcome of events in baseball games.
4 minute read
April 03, 2020 | Law.com

Skilled in the Art: The High and Low Notes for Musicians' Copyright Fight + Rosenkranz and Reines to Square Off at Federal Circuit + Calling All IP Attorneys for COVID-19 Action Plans

Musicians win some, lose some in initial judicial decisions on actions to reclaim their copyrights.
9 minute read
August 19, 2019 | New York Law Journal

E.B. White's Words Resonate in These Dangerous Times

E.B. White writes repeatedly about the public’s need for access to a full range of opinion, and he would doubtless be dismayed by the demonization of a press that disputes quasi-official journalistic mouthpieces.
6 minute read

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