Eleanor M. Lackman Authors Amicus Brief on Behalf of Copyright Alliance in Aereokiller Case
CDAS Partner Eleanor M. Lackman authored an amicus brief on behalf of the Copyright Alliance in the Ninth Circuit case Fox Television Stations v. Aereokiller. In the brief, Ms. Lackman argues on behalf of The Copyright Alliance that The Copyright Alliance argues in the brief that district judge George Wu was correct in granting an injunction against Aereokiller, a service
YouTube Stays Safe under DMCA “Safe Harbor”
For the second time in three years, the U.S. District Court for the Southern District of New York determined, in Viacom v. YouTube, that YouTube qualified for and was shielded from copyright infringement liability by the Digital Millennium Copyright Act (“DMCA”).
Too Much Trademark “Melodrama”: Court Sanctions Author for Fraudulently Registering Book Publisher’s Trademark . . . and Then Using the Registration to Claim Publisher Is a Trademark Infringer
The burden of showing fraud in a trademark filing is ever-evolving but always high. A similarly high standard applies when it comes to meeting the “exceptional case” requirement for an award of attorneys’ fees for the prevailing party. Nevertheless, some cases involve such obvious wrongdoing that the burdens can be met before discovery even opens.
Photographer William Eggleston Beats Claim By Collector For Creating New Prints Outside Of Edition
On March 29, 2012, U.S. District Judge Deborah Batts dismissed collector John Sobel’s complaint against celebrated fine art photographer William Eggleston. The lawsuit stemmed from allegations that Eggleston diluted the value of Sobel’s limited edition Eggleston prints when Eggleston created additional reprints derived from the same images, but of a different size, medium and print
Southern District Not Buying Digital Music Marketplace
Founding executive editor of Wired Magazine Kevin Kelly once observed that, at its core, the Internet is the world’s largest copying machine and that the digital economy has been built on a stream of copies. Unfortunately for the hopes of digital music reseller ReDigi, Judge Sullivan of New York’s Southern District agreed, granting Capitol Records’
Copyright In the Data Age: Nancy E. Wolff to Lead Discussion
CDAS Partner Nancy E. Wolff is one of the attorneys leading the session New Cases in Copyright Law – Internet and Beyond at the Fundamentals of Copyright Law in the Data Era event in Chicago and New York. The discussion will cover all the major recent copyright decisions. See below for a full event description:
WNET v. Aereo: Split Appellate Panel Rules That “Remote-Storage DVR” Decision Insulates Provider of Internet Streaming from Liability
On April 1, 2013, the U.S. Court of Appeals for the Second Circuit handed down a 2-1 decision affirming a lower court’s ruling that a broadcast television retransmission system was unlikely to be liable for copyright infringement due to the Second Circuit’s holding in Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121
Tory Burch Sinks Fashion Pirates
Luxury fashion brand Tory Burch scored a victory in the Northern District of Illinois Eastern Division, as the court granted its motions for a temporary restraining order, domain name transfer order and other relief against a syndicate of Chinese counterfeiters selling counterfeit goods across the internet. The unnamed defendants were using hundreds of interactive websites
Columbia Pictures Industries v. Fung: IsoHunt Found Liable for Contributory Infringement
The United States Court of Appeals for the Ninth Circuit substantially affirmed a district court judgment in favor of several film studios in Columbia Pictures Industries v. Fung, holding on March 21st, 2013 that the defendant was liable for contributory copyright infringement because its bittorrent hosting service, known as isoHunt, induced third parties to download
Kirtsaeng v. John Wiley & Sons: Supreme Court Applies First Sale Doctrine to Foreign-published Books Despite Publisher’s Geographic Import Restrictions
In the recent case of Kirtsaeng v. John Wiley & Sons, the Supreme Court held that the first sale doctrine, codified in Section 109(a) of the Copyright Act, applies to copyrighted works manufactured overseas. Kirtsaeng, a Thai national studying mathematics in the United States, made himself thousands of dollars reselling textbooks on eBay that had