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Archive for the ‘Copyright’ Category

Flash Digest: News in Brief
By Katherine Walecka

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive

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Posted On Jul - 15 - 2013 Comments Off READ FULL POST

Class Certification Vacated: Google’s Library Project Gains Ground

Authors Guild, Inc., et al. v. Google Inc.
By Jonathan Sapp – Edited by Michelle Sohn

The Court of Appeals for the Second Circuit vacated and remanded the lower court’s certification of the plaintiff class. The Second Circuit held that class certification should not precede a determination of Google’s fair use defense. The determination of the defense will “necessarily inform and perhaps moot” the Second Circuit’s analysis of class certification issues. Author’s Guild, Inc. v. Google Inc., No. 12-3200-cv, slip op. at 4 (2d Cir. July 1, 2013).

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Posted On Jul - 12 - 2013 Comments Off READ FULL POST

Filmmakers Sue to Restore “Happy Birthday” to Public Domain

Good Morning to You Productions v. Warner/Chappell Music
By Samantha Rothberg – Edited by Gillian Kassner

Good Morning to You Productions Corp. (“GMTY”) sued Warner/Chappell Music, Inc. (“Warner/Chappell”), the copyright holder of “Happy Birthday to You.” GMTY seeks to invalidate the copyright, restore the song to the public domain, and force Warner/Chappell to repay substantial licensing fees. GMTY alleges that any valid copyright in the song expired long ago.

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Posted On Jun - 24 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Kathleen McGuinness

Google News Becomes Opt-In in Germany

Federal Circuit Rules that Software Patent Is Not an “Abstract Idea”

Tokyo Court Rules for Apple, Against Samsung in Bounce-Back Patent Dispute

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Posted On Jun - 22 - 2013 Comments Off READ FULL POST

Entrepreneur “Owns” Oprah as Second Circuit Reinstates Trademark Suit

 Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

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Posted On Jun - 18 - 2013 Comments Off READ FULL POST
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