News & Analysis as of

Remand Fair Use

Sunstein LLP

Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

Sunstein LLP on

The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...more

McDermott Will & Emery

Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

McDermott Will & Emery on

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

Knobbe Martens

Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY

Knobbe Martens on

The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three...more

McDermott Will & Emery

Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story”

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of judgment as a matter of law finding that the musical Jersey Boys did not infringe a copyright held in an autobiography of band member Tommy...more

Dorsey & Whitney LLP

Tiffany & Co. Jury Verdict Against Costco Loses All Its Luster

Dorsey & Whitney LLP on

It is an epic trademark dispute with a lot of bling. Tiffany & Co. vs. Costco. The famed jeweler from the east vs. the titan of warehouse discounts from the west. A jury found that Costco was liable to Tiffany & Co. to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

Dorsey & Whitney LLP on

On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

Hogan Lovells

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

Hogan Lovells on

The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more

McDermott Will & Emery

Picture This: No Direct Infringement but no Fair Use Either

Addressing the use of third-party photographs on a real estate listing website, the US Court of Appeals for the Ninth Circuit found no direct copyright infringement, notwithstanding the display of thousands of copyrighted...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Oracle America, Inc. v. Google LLC, Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) - In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded...more

Knobbe Martens

Oracle America, Inc. v. Google LLC

Knobbe Martens on

Federal Circuit Summaries - Before O’Malley, Plager and Taranto. Appeal from the U.S. District Court for the Northern District of California, Judge William H. Alsup. Summary: Historical findings of fact relevant to...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide