Review of Supreme Court Copyright & Trademark Cases in 2019
In its current term, the U.S. Supreme Court took on three copyright and trademark cases. One reason this term has been noteworthy so far is…
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Circuit Split Over Copyright Registrations to Get SCOTUS Attention
The U.S. Supreme Court has decided to weigh in on a circuit split that has been brewing for years regarding interpretation of the statute governing…
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Result in Zorro Copyright Case is Music to Playwright’s Ears (Mostly)
Playwright Robert Cabell must be singing the refrain from a Meatloaf classic because he won two out of three issues on summary judgment in a copyright…
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IP Followup: Aftermath of Tam, and More Copyright Registration Discord
A couple of recent events in IP law offer codas to issues discussed in this blog earlier in the year. Here is a quick recap:…
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Circuit Split Widens After 11th Circuit Copyright Registration Ruling
As previously reported in this blog, federal circuits are badly split on when registration of a copyright occurs, which is an issue that ultimately determines…
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Update on Recent Film Copyright Infringement Cases
Two recent film cases related to copyright law have relevant lessons for film producers and distributors. Both decisions were reached on motions to dismiss, with…
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2-4-6-8! SCOTUS Finds Copyright In Cheerleading Uniform Designs
The Supreme Court recently weighed in on one of the more esoteric areas of copyright law in the Star Athletica v. Varsity Brands case. At…
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New “MyUSPTO” Portal Gives Trademark Registration a Boost
I was pleasantly surprised when I recently went to the USPTO website and found a new portal called “MyUSPTO.” The portal allows a user to…
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Web Developers & Coders Rejoice! HTML is Copyrightable, Says Court
A recent court decision should come as welcome news to web developers and coders of all stripes because it clarifies the copyrightability of web-related assets. The district…
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Four Pitfalls to Avoid with Independent Contractor Agreements
Many small businesses utilize independent contractors because they offer certain advantages over hiring employees, like reducing overhead costs and avoiding headaches such as payroll taxes…
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“Mother May I Sue?” The Fractured Standard for Bringing Copyright Infringement Suits
The 1976 Copyright Act fundamentally changed the way authors acquire rights in their creations, requiring only fixation “in any tangible medium of expression.” In contrast, under…
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Bikram Yoga Copyright Redux, Part 3
The Bikram yoga copyright controversy is finally coming to a head with oral arguments scheduled in less than two weeks before the 9th Circuit. In…
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Bikram Yoga Copyright Redux, Part 2
In Part 2 of my series on the Bikram yoga copyright controversy, I analyze the district court opinions in the OSYU and Evolation cases, and…
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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…