The question of fair use has been the subject of many notable court decisions, including one recent one from the Second Circuit Court of Appeals holding that Warhol’s use in the artwork of Lynn Goldsmith’s photographs wasn’t...more
4/20/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Intellectual Property Litigation ,
Java ,
Oracle ,
Oracle v Google ,
SCOTUS ,
Transformative Use
The road to permitting the registration of George Carlin's "seven dirty words" began in 2017, with the Supreme Court holding unconstitutional the Trademark Act's prohibition against registration of trademarks which are...more
7/2/2019
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Lanham Act ,
Reaffirmation ,
Reversal ,
Scandalous/Immoral Marks ,
SCOTUS ,
Trademark Registration ,
Trademarks ,
USPTO ,
Viewpoint Discrimination
On May 20, 2019, the U.S. Supreme Court issued a long-awaited and important decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. __ (2019) (the Supreme Court decision), resolving a split amongst various...more
5/31/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Popular ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
The U.S. Supreme Court recently decided two cases that have major implications in the copyright area. Here's what you need to know.
Takeaway One: File Quickly-
Yesterday, the U.S. Supreme Court unanimously decided that...more
In a closely watched case involving South Dakota’s 2016 law requiring the collection of state sales tax by out of state retailers who have no physical presence in the state, in a 5 to 4 decision, the Supreme Court yesterday...more
6/22/2018
/ Appeals ,
Commerce Clause ,
Constitutional Challenges ,
Internet Retailers ,
Interstate Commerce ,
Out-of-State Companies ,
Physical Presence Test ,
Quill ,
Reversal ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Substantial Nexus
For close to 30 years, patent owners have been able to strategically select the best location for a patent litigation, assuming that the defendant sold the contested product in that location. Popular "rocket docket" courts...more