After the district court, on remand, held that laches did not bar relief, the US Court of Appeals for the Third Circuit again determined that the district court abused its discretion by not properly applying the presumption...more
Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more
4/11/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Copyright ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Remand ,
SCOTUS ,
The Copyright Act ,
Work-For-Hire
The US Court of Appeals for the Ninth Circuit addressed contributory trademark infringement for the first time, finding that specific knowledge is required for liability to attach. Y.Y.G.M. SA, DBA Brandy Melville v....more
8/3/2023
/ Appeals ,
Counterfeiting ,
Damages ,
Intellectual Property Protection ,
Lanham Act ,
Online Marketplace ,
Remand ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Blindness
On the second round of a copyright dispute, the US Court of Appeals for the Seventh Circuit affirmed in part, reversed in part and remanded (again) to the district court to apply the “independent economic value test” handed...more
In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the...more
On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own 2019 opinion that preliminarily enjoined a professional networking platform from denying a data analytics...more
5/12/2022
/ Appeals ,
Competition ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright Litigation ,
Data Collection ,
DMCA ,
LinkedIn ,
Preliminary Injunctions ,
Remand ,
SCOTUS ,
Web Scraping
The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s...more
The US Court of Appeals for the District of Columbia Circuit preserved discovery options for copyright owners fighting online piracy when it reversed the district court’s refusal to allow a subpoena of an alleged online...more
With the validity of a copyright registration at issue, the US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s judgment after a jury trial and award of attorney’s fees in favor of the plaintiff...more
Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more
In a unanimous decision, the Supreme Court of the United States confirmed that a plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed the plaintiff’s trademark as a...more
4/27/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more
11/12/2019
/ Analytics ,
Appeals ,
Cease and Desist ,
Computer Fraud and Abuse Act (CFAA) ,
Data Collection ,
Data Use Policies ,
Declaratory Judgments ,
DMCA ,
Injunctive Relief ,
Irreparable Harm ,
Likelihood of Success ,
LinkedIn ,
Penal Code ,
Preliminary Injunctions ,
Public Information ,
Public Interest ,
Remand ,
Trespass ,
Web Scraping
Addressing § 504(c)(1) of the US Copyright Act, which permits an award of statutory damages in lieu of actual damages for copyright infringement, the US Court of Appeals for the Seventh Circuit considered a question of first...more
The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more
6/10/2019
/ Cease and Desist ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Evidence ,
Intellectual Property Protection ,
Jury Verdicts ,
Photographs ,
Remand ,
Vendors ,
Vicarious Liability ,
Websites ,
Willful Infringement
The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more
10/30/2015
/ Claims Limitations Period ,
Damages ,
eBay Test ,
En Banc Review ,
Equitable Estoppel ,
Injunctions ,
Injunctive Relief ,
Laches ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Petrella v. MGM ,
Prior Art ,
Raging Bull ,
Remand ,
Reversal ,
Royalties ,
SCOTUS ,
Separation of Powers ,
Summary Judgment ,
The Copyright Act
Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search returns, the U.S. Court of Appeals for the Ninth Circuit reversed the district...more