News & Analysis as of

Copyright Infringement Copyright Retailers

Arnall Golden Gregory LLP

Using Popular Songs in Social Media? How to Avoid Costly Copyright Mistakes

Companies that rely on digital marketing and social media are now facing serious consequences over music copyright. Many have been hit with multimillion-dollar lawsuits for unwittingly using popular songs in social media...more

Kerr Russell

Is It Really Illegal for Me to Repair My Own Machines?

Kerr Russell on

In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to...more

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

Robins Kaplan LLP on

Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Foley Hoag LLP - Making Your Mark

Smiles Like Teen Spirit: “Smiley Face” Copyright and Trademark Litigation

You may think the phrase “million-dollar smile” is just a metaphor, but a smile could cost you millions of dollars in litigation damages if you aren’t careful, at least according to Nirvana LLC, the legal entity that owns the...more

Knobbe Martens

Anything Your Heart Designs: Swarovski Hit with Copyright Infringement of Galatea’s “Two In One Heart” Design

Knobbe Martens on

On December 4, 2017 Galatea Jewelry (“Galatea” or “Plaintiff”) filed a copyright infringement suit in the District Court for the Central District of California against the well-known crystal jewelry producer and retailer...more

Dorsey & Whitney LLP

Textile Design Similarity In The Eye Of The Beholder (The Jury): H&M Found Liable For Copyright Infringement

Dorsey & Whitney LLP on

On December 7, a federal jury in Los Angeles awarded $846,720 in damages to Unicolors, Inc. in its suit against H&M Hennes & Mauritz, LP for copyright infringement of a textile design. Unicolors, Inc. v. H&M Hennes & Mauritz...more

Knobbe Martens

Can’t Say “I Ain’t Mad At Cha” for Copying Me

Knobbe Martens on

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Goulston & Storrs PC

Copyright Compliance: (Re-)Register Your DMCA Agent in 2017 to Keep Your Website Docked in the Safe Harbor

Goulston & Storrs PC on

The Digital Millennium Copyright Act (DMCA) “safe harbor” provisions shield certain online service providers from copyright infringement liability arising from content posted by users on their website. Provided that the...more

Arnall Golden Gregory LLP

7 Steps to Help Your Retail Business Avoid Copyright Infringement

When people think of copyrights, they usually think of paintings and other works of fine art, novels, and the like. While copyright protection certainly applies to these types of highly expressive works, it also applies to...more

Bennett Jones LLP

A Trend for Retailers to Avoid – Copyright Infringement Lawsuits Over Clothing

Bennett Jones LLP on

Textile Copyright Infringement Claims on the Rise - Katy Perry received a lot of attention for the dress she wore to the Met Ball this year, and not all of it was welcome. A Brooklyn artist thought that the dress was an...more

Goulston & Storrs PC

3D Printing: Potential Pitfalls For Retailers

Goulston & Storrs PC on

3D printing, a seemingly futuristic method of manufacturing objects, is steadily moving into the mainstream as three dimensional printers have relocated from labs to the shelves of retail stores. 3D printing, or additive...more

Womble Bond Dickinson

Sugartown Takes on Old Navy in Copyright Infringement Action over Lilly Pulitzer Fashion Designs

Womble Bond Dickinson on

Sugartown Worldwide, LLC (“Sugartown”), a Delaware limited liability company with its principal place of business in Pennsylvania, filed suit for copyright infringement, money damages, injunctive relief, seeking destruction...more

Foley Hoag LLP - Trademark, Copyright &...

Ninth Circuit (Mostly) Skirts the Issue of Copyright Misuse in Most Recent Omega v. Costco Decision

Sometimes a cigar is just a cigar, as the saying goes. However, things are not always as they appear, and sometimes events unfold in ways you would not anticipate. Such is the case with the Ninth Circuit decision in the...more

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