On August 14, 2012, the majority of the Ninth Circuit Court of Appeals, in Monge v. Maya Magazines, Inc., Nos. 10-56710, 11-55483 (9th Cir. 2012), reversed the decision of the District Court for the Central District of California and held that a tabloid’s publication of copyrighted photographs without permission was not a fair use under

On May 11, 2012, the U.S. District Court for the Northern District of Georgia issued its long-awaited opinion in Cambridge University Press v. Becker, No. 1:08-CV-1425-ODE (N.D. Ga. May 11, 2012) which examined one of the new ways professors and students teach and learn in the digital age. Although the court found the University’s copyright

This week the Ninth Circuit Court of Appeals affirmed the dismissals of two right of publicity claims against Corbis Corp. — Shirley Jones v. Corbis Corp. and Alberghetti v. Corbis Corp. In the Jones case, the court held that Shirley Jones, star of the TV show “The Partridge Family,” had given her implicit consent to

The United States Patent and Trademark Office Trademark Trial and Appeal Board recently put Ralph Lauren’s famous polo player back on his horse in granting the petition of PRL USA Holdings, Inc., a Polo Ralph Lauren Corporation subsidiary (“PRL”) to cancel the trademark registration of Thread Pit, Inc. (“Thread Pit”).

The Copyright Office issued a statement of policy (37 CFR Part 201), effective June 22, 2012, to clarify the practices relating to the claims in compilations, and in particular claims involving the selection of uncopyrightable subject matter. The definition of a “compilation” in Section 101 of the Copyright Act is a work formed by the

This week, the Second Circuit Court of Appeals in New York, in a case captioned Forest Park Pictures v. Universal Television Network, Inc., united with the Ninth Circuit in California by holding that breach of implied contract claims based on “theft of ideas” are not preempted by the Copyright Act. In doing so, the decision

Our nation’s great capitol is home to many museums, national monuments, and of course the White House. In addition to all these symbols of American history is The Column. The Column, the centerpiece of the National Mall, is a collection of nineteen steel structures commemorating Korean War Veterans. Tourists gather around these statues with their

Kim Seng Co. v. J & A Importers, Inc., 810 F. Supp. 2d 1046 (C.D. Cal. 2011) In Kim Seng Co. v. J & A Importers, Inc., a California District Court considered the copyrightability of a food display. Kim Seng Co., (“Kim Seng”), a Chinese-Vietnam food supply company sued another Chinese-Vietnam food supplier, J &

South Park, the long running television show, is no-stranger to parodies, spoofing everything from High School Musical to The Passion of The Christ. But their humor was not appreciated by Brownmark Films, LLC, (“Brownmark”), who sued the comedy show for copyright infringement when it made fun of its dance video What What (In the Butt)

A filmmaker’s rights under the First Amendment to use well-known trademarks for artistic and expressive purposes will be protected against a challenge from the trademark holder so long as the use has genuine relevance to the film’s storyline. On June 15, 2012 the District Court for the Southern District of New York, on a motion