The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the...more
The Copyright Act prescribes a three-year statute of limitations (17 U.S.C. § 507(b)), and the default “incident of injury” rule dictates that the three-year clock starts running when the infringement occurs. However, when a...more
In This Issue -
Transformative Fair Use: Does Andy Warhol Qualify?
On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more
8/9/2022
/ Abandonment ,
Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Misappropriation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
The Copyright Act ,
Trade Secrets ,
Trademark Expiration ,
Trademark Litigation ,
Trademarks ,
Transformative Use
The Communications Decency Act of 1996 (CDA) was a landmark law enacted to regulate content on the internet. The purpose of the legislation was to regulate indecent and obscene material online, but it is most relevant today...more
5/28/2021
/ Appeals ,
Communications Decency Act ,
Federal Trade Commission (FTC) ,
Internet ,
Liability ,
Online Platforms ,
PACT Act ,
SAFE Act ,
Section 230 ,
Social Media ,
Third-Party
In This Issue -
Section 230 and the Future of Content Moderation -
We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more
5/26/2021
/ Appeals ,
Communications Decency Act ,
Copyright ,
DMCA ,
Fair Use ,
FOSTA ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Online Platforms ,
Oracle v Google ,
SCOTUS ,
Section 101 ,
Section 230 ,
Software Developers ,
The Copyright Act ,
Trademark Trial and Appeal Board ,
Trademarks ,
Uniform Trade Secrets Acts
In a ruling that affirms the immunity of user-generated content platforms from suit for removing content from their sites, a panel of the U.S. Court of Appeals for the Second Circuit unanimously held that Section 230 of the...more