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Court Again Partially Grants Summary Judgment in Warhammer 40K Dispute; Copyright Fair Use Defense Survives 23 May 2013 | 10:25 pm
Games Workshop, an England-based company, sells various science-fiction/fantasy products relating to a "dystopian fictional universe" called Warhammer 40,000, which was first created in 1987 with the ...
Collection of (Relatively) Recent Copyright Fair Use Decisions 23 May 2013 | 08:55 pm
Blogging has been sparse in recent months due to a busy schedule so I'm using the relatively recent spate of fair use opinions from various courts to belatedly summarize opinions of interest that have...
SDNY Refuses to Dismiss Dental Patient's Claims Regarding Confidentiality Agreement and Copyright Assignment Required as Precondition to Treatment 22 May 2013 | 07:11 pm
In October 2010, Robert Allen Lee had a severe toothache and chose to visit Aster Dental because his insurance company listed it as a preferred provider. According to Lee, Aster Dental told him he wo...
Ninth Circuit: Righthaven and the Mythical Calf With Five Legs 9 May 2013 | 11:05 pm
I have much to catch up on after my blogging hiatus due to a very busy few months but the Ninth Circuit opinion today confirming the demise of Righthaven is short and to the point and worthy of a quic...
Seventh Circuit: "Phifty-50" Rap Duo Had Zero Chance of Success on Trademark Claim Over "50/50" Movie Title 21 Feb 2013 | 08:20 pm
Eastland Music Group, the "proprietor" of the rap duo Phifty-50 (which according to the Seventh Circuit "has to its credit one album (2003) and a T-shirt"), successfully registered the trademark "PHIF...
Seventh Circuit Affirms Dismissal of Invasion of Privacy and Misappropriation Claims Against Joan Rivers 21 Feb 2013 | 12:35 am
Ann Bogie attended a stand-up comedy show featuring Joan Rivers at a casino in Wisconsin. During the performance, Rivers told a joke about Helen Keller and was heckled by an offended audience member ...
UPDATE: Ninth Circuit Suggests Parties "Play Nice" in Long-Running Bratz Dolls Dispute 20 Feb 2013 | 11:15 pm
For the second time, the long-running dispute between Mattel and MGA over the Bratz dolls made its way to the Ninth Circuit, which dispensed some painful conclusions to both parties. The Ninth Circu...
UPDATE: Supreme Court Argument in Kirtsaeng v. John Wiley & Sons, Inc. 2 Nov 2012 | 05:56 pm
The Supreme Court heard argument on October 29, 2012, in a Second Circuit case addressing the question of the applicability of the first sale doctrine of the Copyright Act to copyrighted works that ar...
Federal Circuit Concludes Software Used to Render Online Service Not In Use In Commerce for Trademark Purposes 18 Sep 2012 | 07:30 pm
Lens.com appealed the decision of the Trademark Trial and Appeal Board granting summary judgment to 1-800 Contacts and ordering the cancellation of Lens.com's registration for the mark LENS in connect...
Service Retransmitting TV Programming Over the Internet Not Entitled to "Cable System" Defense to Copyright Infringement 14 Sep 2012 | 10:54 pm
Plaintiffs, producers and owners of copyrighted television programming, sued ivi, Inc. and its chief executive officer for copyright infringement for streaming that programming over the Internet witho...
