Mealey's Copyright

  • October 28, 2021

    Apiarist To High Court: 2nd Circuit Defines ‘Copyright Management Info’ Narrowly

    WASHINGTON, D.C. — In an Oct. 20 reply brief supporting his petition for certiorari, a beekeeper supply maker asks the U.S. Supreme Court to clarify when an author’s name qualifies as copyright management information (CMI) under the Digital Millennium Copyright Act (DMCA) in an appeal of a copyright infringement lawsuit against a former dealer of its products.

  • October 26, 2021

    No Live Gameplay In Planned Copyright, Trademark Trial

    SAN FRANCISCO — A federal judge in California on Oct. 24 barred Atari Interactive Inc. from using an “Atari 2600” console at trial to perform a live gameplay demonstration in support of its copyright and trademark infringement allegations against a defendant.

  • October 25, 2021

    Facebook Asks 3rd Circuit To Rehear Appeal Over CDA Immunity For Publicity Rights

    PHILADELPHIA — One month after the Third Circuit U.S. Court of Appeals vacated a trial court’s finding that Facebook Inc. was entitled to immunity under Section 230 of the Communications Decency Act (CDA) from a news anchor’s lawsuit over the unauthorized use of her photograph, the social network on Oct. 21 filed a petition for rehearing en banc, arguing that a panel erred in finding that the plaintiff’s right of publicity claim fell under the statute’s intellectual property exception, thereby defeating immunity.

  • October 20, 2021

    Trump Says Video’s Use Of ‘Electric Avenue’ Was Not Copyright Infringement

    NEW YORK — Three weeks after his motion to dismiss copyright infringement claims against him was denied, former President Donald J. Trump on Oct. 18 filed an answer in New York federal court in which he denies that the use of singer Eddy Grant’s song “Electric Avenue” in a video that he tweeted infringed the song’s copyrights.

  • October 19, 2021

    3rd Circuit: CDA Doesn’t Bar TV Anchor’s Publicity Rights Claim Against Facebook

    PHILADELPHIA — The limitation that prevents the immunity provisions of Section 230 of the Communications Decency Act (CDA) from applying to intellectual property claims extends to a news anchor’s Pennsylvania law publicity rights claim against Facebook Inc., a Third Circuit U.S. Court of Appeals held in a precedential Sept. 23 ruling, vacating a trial court’s dismissal of Karen Hepp’s claim related to the misappropriation of her likeness by the social network in an advertisement.

  • October 19, 2021

    In Architectural Copyright Dispute Over Miami Hotel, Plaintiff Partly Prevails

    MIAMI — A renowned architectural firm is entitled to a summary judgment that a defendant and former client infringed, contributorily and vicariously, copyrights in the plans for a downtown Miami hotel, a federal judge in Florida ruled Oct. 15.

  • October 19, 2021

    In Delaware Dispute Over Audio Routing System, Injunction Denied

    WILMINGTON, Del. — A dispute over a patented audio and social media routing and synchronizing system that allows users to send music via an individualized music streaming platform while complying with federal copyright law will proceed without a preliminary injunction in place, a federal judge in Delaware said Oct. 14.

  • October 14, 2021

    Amicus Briefs Filed, Divided Argument Granted In High Court Copyright Row

    WASHINGTON, D.C. — Two weeks after a collection of amicus curiae briefs were filed supporting the respondent in a dispute over whether an intent to deceive is necessary to invalidate a copyright application, the U.S. Supreme Court on Oct. 12 granted a motion for divided argument by the acting solicitor general, who had filed an amicus brief supporting the petitioner.

  • October 14, 2021

    Beekeepers Brief High Court On Definition Of Copyright Management Information

    WASHINGTON, D.C. — An apiarist tells the U.S. Supreme Court in an Oct. 1 opposition brief that it did not violate the Digital Millennium Copyright Act (DMCA) when it replaced a rival’s product name in some promotional verbiage with its own product name because the removed words did not constitute copyright management information (CMI) as defined by the statute.

  • October 14, 2021

    Settlement Announced In Infringement Dispute Over Seuss Works

    SAN DIEGO — In an order issued Oct. 8, a federal judge in California permanently enjoined four defendants accused of infringing copyrights associated with “Oh, the Places You’ll Go!” (“Go”) and other works by Dr. Seuss Enterprise LP (DSE), after the parties announced they had settled their dispute.

  • October 12, 2021

    Cert Denied In Dispute Over Request For Separate Awards In Copyright Row

    WASHINGTON, D.C. — A ruling by the Ninth Circuit U.S. Court of Appeals that a copyright owner was entitled to just one statutory damage award for separate and distinct acts of infringement was left intact on Oct. 12 when the U.S. Supreme Court denied a petition for certiorari in the case.

  • October 12, 2021

    In Win For Pop Artist, Panel Upholds Rejection Of Copyright Claims

    SAN FRANCISCO — Abel Tesfaye, known as “The Weeknd,” prevailed Oct. 8 when the Ninth Circuit U.S. Court of Appeals affirmed a California federal judge’s determination that the pop artist is not liable for copyright infringement in connection with his 2016 song “A Lonely Night.”

  • October 11, 2021

    Copyright Claims Against Target Reinstated By 5th Circuit Panel

    NEW ORLEANS — In an Oct. 8 unpublished ruling, the Fifth Circuit U.S. Court of Appeals said that a Texas federal judge erred in granting Target Corp. a motion to dismiss allegations the retailer infringed the copyrighted two-dimensional design of a children’s pajama garment.

  • October 09, 2021

    2nd Circuit: ‘Friday The 13th’ Screenplay Not Work For Hire

    NEW YORK — A federal judge in Connecticut properly concluded that the screenplay for the horror film “Friday the 13th” was not a work for hire, rendering the author’s subsequent termination of the film production company’s copyright in the work valid, the Second Circuit U.S. Court of Appeals ruled Sept. 30.

  • October 08, 2021

    Copyright Defendant Entitled To Fee Award, 2nd Circuit Affirms

    NEW YORK — In an Oct. 5 holding, the Second Circuit U.S. Court of Appeals found no error in a New York federal judge’s determination that copyright infringement allegations leveled against a Spanish-language media firm were objectively unreasonable.

  • September 30, 2021

    N.Y. Federal Judge Tosses Patent Claims, Won’t Allow Lanham Act, Copyright Claims

    NEW YORK — An action seeking a declaration of patent noninfringement, invalidity and unenforceability was dismissed Sept. 28 by a federal judge in New York, who also rejected the plaintiff’s bid to amend its complaint to add declaratory judgment claims of no copyright infringement and no false advertising under the Lanham Act.

  • September 30, 2021

    N.Y. Federal Judge Sides With NBA Player In Copyright, Trademark Row

    BROOKLYN, N.Y. — In an 85-page order issued Sept. 27, a federal judge in New York rejected allegations of copyright and trademark infringement leveled against National Basketball Association (NBA) player Terry Rozier in connection with the “Ghost Face” mask made famous in the movie “Scream.”

  • September 29, 2021

    Judge Won’t Dismiss Putative Class Action Against Google For Banner Ads

    SAN JOSE, Calif. — A federal judge in California on Sept. 24 declined to dismiss most of the putative class claims brought against Google LLC by two website owners including for violation of California’s unfair competition law (UCL) in relation to Google’s former practice on its Android search app of superimposing its logo and a “Related Pages” banner on the plaintiffs’ website that featured links to competitors’ websites.

  • September 27, 2021

    Nightclub Wins Dismissal Of Copyright Claims Over Pablo Escobar Artwork

    DENVER — In a Sept. 22 order, a federal judge in Colorado said allegations of copyright infringement leveled by an entity charged with managing intellectual property rights associated with Pablo Escobar are too conclusory to proceed.

  • September 24, 2021

    Copyright, False Advertising Counterclaims Dismissed By N.Y. Federal Judge

    NEW YORK — A dispute over the digitization of various material relating to the artist Amodeo Modigliani will proceed without counterclaims of copyright infringement and false advertising, a federal judge in New York ruled Sept. 22.

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