U.S. Supreme Court Says “Enough Already”
In a rare decision involving trademark matters, the U.S. Supreme Court issued a decision in Already, LLC v. Nike Inc., a ruling that will likely impact disputes both inside and outside the trademark arena. The holding, which found that a defendant no longer had standing to cancel a trademark registration that the owner had asserted
Dancing Baby Case Update: Still Going Crazy
Can Universal be held liable for damages for making a misrepresentation in a Digital Millennium Copyright Act (“DMCA”) takedown notice to YouTube? That’s the question that is now cleared for trial in the long-running California case Lenz v. Universal Music Corporation, a/k/a the “baby dancing case,” now in its sixth year.
Court Green Lights Emma Thompson’s “Effie”
In Effie Film, LLC v. Eve Pomerance (11–CIV–7087 (JPO)), the court granted Effie Film, LLC’s motion on the pleadings and found that its upcoming film did not infringe upon the copyrights in two screenplays by Eve Pomerance on a similar historical subject. In addition to paving the way for the Emma Thompson-written film Effie to
When Does Art Constitute Transformative Fair Use? It’s As Easy as “Red” and “White”
The U.S. District Court for the Central District of California granted in part and denied in part a photographer’s Motion for Summary Judgment in Morris v. Young, a case that explored the requirements for establishing an issue of triable fact regarding fair use (and particularly transformative use) of photographs.
Facebook Introduces Graph Search, Privacy Challenges Possible
Facebook recently unveiled “Graph Search,” an innovation designed to help users find and connect their friends by their interests, shared history, and past activity on the social networking platform. The new feature, which will begin beta testing soon, greatly expands the search capabilities of the Facebook platform in a move some commentators speculate may help
What 2013 May Ring In For New Copyright Legislation
2012 was a quiet year for any new copyright legislation that could affect those engaged in the creation, production and distribution of entertainment media. With the elections behind us, this could change in 2013. The Copyright Office has indicated that it is interested in tackling several issues that were identified as office priorities in a
Nancy E. Wolff Moderates “What Libraries Can Do Under Copyright” Panel, Part of CSUSA 2013 Mid-Winter Meeting
CDAS partner Nancy E. Wolff will moderate the panel “What Libraries Can Do Under Copyright,” part of the Copyright Society of the U.S.A.’s 2013 Mid-Winter Meeting, on Friday, February 15, 2013, from 9:00am – 10:30am. (The full CSUSA 2013 Mid-Winter meeting will take place from Thursday, February 14 through Saturday, February 16, 2013, at the
Eleanor M. Lackman Moderates Panel “Look Before You Tweet (or Post, or Pin)” Tues 1/22/13
CDAS partner Eleanor M. Lackman will moderate the Copyright Society of the U.S.A. New York Chapter panel “Look Before You Tweet (or Post, or Pin): Copyright Enforcement (or not) in Social Media” on Tuesday, January 22, 2013, from 12:30 p.m. – 2:00 p.m. Please click here to register (CLE credit is available).
Small Screen, Bigger Picture
On December 27, 2012, the U.S. District Court for the Central District of California issued a preliminary injunction against Aereokiller (formerly known as BarryDriller.com), a service founded by Alki David, someone not unfamiliar with television transmission and the law. Previously, in conjunction with rulings involving a similar technology at issue in WPIX v. ivi in
The Role of DOJ’s Appellate Staffs in the Supreme Court and in the courts of appeals
CDAS partner Al J. Daniel, Jr. served on the Appellate Staff, Civil Division, United States Department of Justice in Washington, D.C. for a decade before moving to New York City. His litigation practice since then continues to include appellate work in courts of appeals and the Supreme Court. In his new article on SCOTUSblog, Mr.