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Intellectual Property Litigation

SCOTUS Saves Google Billions By Finding its Copying of Oracle Software was Fair Use

The copyright case of the century Google v. Oracle has been resolved – in Google’s favor.  The SCOTUS decision was 6-2 with Barrett not voting since she was not on the bench for oral argument. VERY BRIEF AND STRIPPED DOWN VERSION OF FACTS: • 1990 – Sun Microsystems developed Java programming language critical to operation […]

Categories
Copyright Law Intellectual Property

Score One for the Little Guy: SDNY says Fla Website Can’t Be Sued in NY Over Photos

My client Signatures4U.com is a Mom and Pop side business operating out of Florida that sells signed sports memorabilia, mostly through its eBay site. Last year it was served with a Federal lawsuit filed in the Southern District of NY over alleged copyright infringement. The basis of the claim is that two sports photographers allege […]

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Copyright Law Entertainment Law Intellectual Property Trademark Law

Will Alfonso Ribiero Win His Lawsuit Against Fortnite Over “The Carlton Dance?” (Hint: No)

Actor Alfonso Ribiero played nerdy guy Carlton on “The Fresh Prince of Bel Air” back in the last century. One of the greatest scenes from the show was when Cartlon, home alone, dances wildly to Tom Jones’ hit “Its Not Unusual.” The dance became his signature move and dubbed The Carlton. Now two video game […]

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Copyright Law Litigation

Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

2018 has been a bad year for copyright infringement troll attorney Richard Liebowitz. He specializes in bringing hundreds of suits over the alleged infringing use of a digital photograph. In February, in the case of McDermott v. Monday, Monday LLC Southern District of NY Judge Denise Cote labeled him a “Copyright Troll” for filing over […]

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Copyright Law Intellectual Property Litigation

Court Dismisses Lawsuit Over Taylor Swift Song Because Lyrics are Too Banal

U.S. District Judge Michael Fitzgerald of the Central District Court of California has dismissed a lawsuit against Taylor Swift, in which songwriters Nathan Butler and Sean Hall alleged that her hit song “Shake It Off” ripped off the lyrics to 3LW’s “Playas Gon’ Play,” which the pair wrote for the ’90s girl group. Butler and […]

Categories
Constitutional Law Copyright Law

Defense Dep’t Says US Gov’t Not Guantanamo Detainees Own Art Detainees Created

The Dept of Defense changed a policy this month affecting the 41 remaining detainees at Guantanamo Bay Naval Base, known as Gitmo. The DOD ruled that detainees did not possess the artwork they created while detained and could not display it publicly or sell it. Art classes started at Gitmo “in the later years of […]

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Intellectual Property Litigation

Pro Se Plaintiff Beats Back Trump Org in Trademark Battle Over iTrump Music App

After a contentious six-year legal battle, the Trump Organization and its phalanx of high-priced lawyers have been beaten down by 40-year-old San Francisco music teacher, Tom Scharfeld. Scharfeld developed a few apps to allow iPhone users to replicate playing musical instruments on their devices. He developed iBones to simulate trombone playing and iTrump to simulate […]

Categories
Constitutional Law

SCOTUS Ruling on “Slants” Trademark Leads to More Offensive Filings

Back on June 19, a unanimous Supreme Court struck down a law prohibiting the registering of “disparaging” trademarks, in a case dealing with an Asian-American band called “The Slants.” The ruling also ended the appeal filed by the Washington Redskins which had been denied a trademark for their name under the same provision. The Court […]

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Constitutional Law Intellectual Property Litigation

SCOTUS Ends Forum Shopping in Patent Cases

Well the docket of the Eastern Texas Federal District Court is going to get much lighter in the coming months and years. In a unanimous 8-0 decision, in a case titled TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held that a person or entity claiming patent infringement must bring the […]