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Damages › IP License › Copyright Infringement

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP on

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

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

Roetzel & Andress on

Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...more

McDermott Will & Emery

Just Compensation Based on Hypothetical Negotiation

McDermott Will & Emery on

In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more

Lathrop GPM

Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

Lathrop GPM on

On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon...more

Farrell Fritz, P.C.

Dissension Follows When Business Owners Don’t Put Their IP House in Order

Farrell Fritz, P.C. on

When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Be Like Grumpy Cat

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

News recently hit the wires that Grumpy Cat Ltd., the company behind the Grumpy Cat Internet “person”ality, was awarded over $700,000 in a trademark and copyright infringement lawsuit. The defendant was a licensee who was...more

Jaburg Wilk

Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers

Jaburg Wilk on

Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...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

McDermott Will & Emery

A Hypothetical-License Damages Theory Must Be Rooted in Non-Hypothetical Evidence

McDermott Will & Emery on

Oracle Corporation v. SAP AG - The U.S. Court of Appeals for the Ninth Circuit has explained that a copyright owner is not required to show that it actually would have granted a license to the defendant before it can...more

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