In an opinion issued last week, the Supreme Court held that a “pictorial, graphic, or sculptural” feature incorporated into the design of a useful article—in this case, a cheerleading uniform—is eligible for copyright protection if it satisfies a two-part test: (1) the element can be perceived as a two- or three-dimensional work of art separate from its underlying useful article; and (2) the element would otherwise be protectable if it were perceived in this manner.
By articulating its own version of the “separability test,” the Court has sought to address and resolve the uncertainty and “widespread disagreement” previously surrounding application of the test by providing a uniform, nationwide standard.
Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) is expanding its litigation, entertainment, and intellectual property practice with the strategic hire of litigator and entertainment attorney Lindsay W. Bowen, who has joined the firm as a partner.
Lindsay’s practice focuses on the interplay between creativity and technology. He represents individuals and companies, from household names to the up-and-coming, across a wide range of creative industries, including advertising, app development, fashion, film, hospitality, music, podcasting, television, and theatre. Prior to joining Cowan, DeBaets, Abrahams & Sheppard LLP, Lindsay was an attorney in the Content, Media & Entertainment practice of Jenner & Block. There, he represented music, film, television, and theatre clients in copyright ownership and enforcement litigation, royalty disputes, and in the negotiation of a variety of traditional and digital media transactions. Continue reading
For the first time in twenty-two years, the U.S. Supreme Court, in an opinion issued yesterday, addressed the question of when an award of attorney’s fees is appropriate under the U.S. Copyright Act. According to the Court, the objective reasonableness of a losing party’s legal positions should be given substantial weight within a broader analysis that considers all factors relevant to granting fees.
Yesterday President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”), the culmination of several years of bipartisan efforts to federalize trade secret protection, placing it alongside the federal copyright, trademark, and patent statutes. The DTSA – an extension of the Economic Espionage Act of 1996 – should be significant, generally, to businesses concerned about protecting competitively sensitive information from misappropriation by former employees, industrial spies, and foreign nationals. It should prove particularly useful to those in the online and digital media space as an important tool in the prevention and remedying of the theft of software-based products. The DTSA has strong support from the software industry, including from Microsoft, IBM, Adobe, Micron, and the Software Information Industry Association. Here are three key takeaways from the passage of the DTSA:
Yesterday, CDAS submitted an amicus brief in a high-profile case involving the distribution of television programming over the Internet. The brief, on behalf of the Copyright Alliance, was filed in the Ninth Circuit Court of Appeals in support of the appellants in the case captioned Fox Television Stations Inc. v. FilmOn X. This is the second amicus brief that CDAS’s litigation team has submitted this week, with the other coming two days prior in support of a petition to the U.S. Supreme Court for certiorari in the Google Books case.
To view the full brief, please see the PDF below.
CDAS Files Amicus Brief in Fox Television Stations Inc. v. FilmOn X
Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to announce that Scott J. Sholder has become a Partner of the Firm
Scott J. Sholder is a partner in the firm’s Litigation Group. Scott represents individuals and companies in the entertainment, traditional and digital media, sports, and consumer products industries. His practice focuses on matters involving copyrights, trademarks, the right of publicity, and contractual and business disputes.
Inside Counsel’s Senior Editor & Community Manager, Rich Steeves, published a five-part series titled “Where Former Entertainment GCs Go Next” last week, which was prominently featured on the Inside Counsel website.
The series, which discussed the so called “third act” for successful general counsel, provided a comprehensive profile of CDAS and the services the firm provides to clients, while also discussing the appeal the firm has had for former GCs in their transition to a new environment.
CDAS Partners Aileen Atkins, Frederick Bimbler, Douglas Jacobs, Eleanor Lackman, Marc Simon and Stephen Sheppard were interviewed for the series. You can find a link to each part of the series below.
PART 1: http://www.insidecounsel.com/2015/04/27/third-act-where-former-entertainment-gcs-go-next-p
PART 2: http://www.insidecounsel.com/2015/04/28/third-act-where-former-entertainment-gcs-go-next-p
PART 3: http://www.insidecounsel.com/2015/04/29/third-act-where-former-entertainment-gcs-go-next-p
PART 4: http://www.insidecounsel.com/2015/04/30/third-act-where-former-entertainment-gcs-go-next-p
PART 5: http://www.insidecounsel.com/2015/05/01/third-act-where-former-entertainment-gcs-go-next-p
Following today’s earlier announcement that Former General Counsel of A&E, Doug Jacobs, was joining the firm as a Partner, Mr. Jacobs had an opportunity to speak with Jon Lafayette, Business Editor at Broadcasting & Cable, about the transition. Mr. Jacobs touched upon the current state of the Television Business, as well as the future of the business as it relates to new technology and developments.
You can find the full article here.
Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) is proud to announce that Doug Jacobs, recently Executive Vice President and Senior Counsel of A&E Television Networks, has joined the firm as a partner in its New York office. Mr. Jacobs’ practice will primarily focus on matters involving the cable television industry and the evolving digital media universe, building on his almost 20 years as general counsel at several major cable networks.
Note: This blog is cross-posted from Law360.com with permission from Portfolio Media, Inc.
For decades, obtaining an injunction in a copyright or trademark case was simple: Show success on the merits (or likely success on the merits, at the preliminary injunction stage), and injunctive relief was usually automatically yours. Then, in 2006, the U.S. Supreme Court issued a ruling in a patent case called eBay Inc. v. MercExchange LLC, which upended the standard for obtaining injunctive relief in patent cases. Around 2010, appellate courts began to apply eBay to copyright cases; the past few months have seen the first instances of appellate courts’ application of eBay to cases under the Lanham Act.