Recent Posts by Michael Thomas

Sirius XM Backed into a Corner in Copyright Infringement Case

Like the old adage attributed to the tortoise-“slow and steady wins the race”-the Turtles scored another victory in their copyright infringement case against Sirius XM. Judge Gutierrez in California’s Central District, site of Sirius XM’s summary judgment loss in September, has denied certification for an interlocutory appeal of that loss. The Court bifurcated discovery into liability…
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In Davids vs. Trademark Goliaths the Davids Seem to be Winning

In recent weeks a series of unrelated trademarks cases have come to the forefront in the news that should give small businesses (i.e., non-corporate behemoths) a reason to smile.  In each of these cases, a small business David has protected its trademark against a corporate Goliath. The moral of the story: a proactive legal strategy…
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Guest Trademark Post on the Blog

Just a heads up, I have a guest post on the California Continuing Education of the Bar (CEB) blog today on the attempted pizza trademark case in Texas-check it out! Public Domain Photo by Jon Sullivan ( 
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Photo Infringement Case Instructs on Fair Use, Web Dev Contracts

A decision in a recent copyright infringement case in the Northern District of California shows that cries of fair use may fall on deaf ears if there is no discernable transformative use to point to, and demonstrates the importance of a well-written web developer agreement containing a warranties and indemnification clause. In the 8-page summary…
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