Pokemon Go Home! How Will the Popular App Fare in the Wake of the Recent Class Action Nuisance Claims Brought Against Its Creators?
While some reports state that its wild popularity may be waning,[1] there is no denying that Pokemon Go, the “augmented reality” mobile game application developed by Niantic, Inc. and partially owned by Nintendo, was the digital hit of the summer of 2016. Since exploding onto the scene in early July, much cyber-ink has been spilled
14 CDAS Attorneys Make Super Lawyers, Rising Stars, Top 50 Women and Top 100 Lists
Fourteen Cowan, DeBaets, Abrahams & Sheppard attorneys were selected for inclusion in the 2016 edition of New York Metro Super Lawyers. Spanning various practice areas, Super Lawyers recognizes the top lawyers in the New York Metro area via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. Each year, less than
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Third Circuit Upholds Jury’s Award of $1.6 Million in Actual Damages for Infringement of Rare Photographs
A recent decision from the U.S. Court of Appeals for the Third Circuit upheld a $1.6 million award of actual damages in a copyright infringement case, affirming the “premium” price a federal jury in Delaware placed on the defendants’ extensive use of the plaintiff’s rare stem cell images. The plaintiff, photographer Andrew Paul Leonard,
New York Announces Expansion of Medical Marijuana Program
In what many marijuana advocates and patients are viewing as a positive step forward, Governor Cuomo’s administration has announced its plans to adopt several key changes to New York’s medical marijuana program aimed at increasing the number of eligible participants under the program and the ability for such participants to obtain better treatment options
Maintaining the Status Quo: DOJ Rejects ASCAP and BMI’s Proposed Changes to 1941 Antitrust Consent Decrees
On August 4, 2016, the Department of Justice (“DOJ”) released a statement[1] concluding that the 1941 antitrust consent decrees governing music performance rights organizations (“PROs”) would remain in effect, rejecting the requested changes from the American Society of Composers, Authors and Publishers (“ASCAP”) and Broadcast Music, Inc. (“BMI”).
Second Circuit Revives Iron Man Theme Copyright Infringement Suit Against Sony
A recent Second Circuit opinion has revived songwriter Jack Urbont’s copyright infringement claim against Sony Music Entertainment, Razor Sharp Records, and rapper Dennis Coles (popularly known as Ghostface Killah). Urbont had brought suit in 2011 against Coles, along with Sony and Razor Sharp, alleging that Coles had improperly sampled Urbont’s “Iron Man Theme” (“Theme”) on
Stevens v. Corelogic, Inc.: Automated Metadata Scrubbing Does Not Violate CMI Provisions of the DMCA
In Stevens v. CoreLogic, Inc., the U.S. District Court for the Southern District of California examined § 1202 of the Copyright Act, a part of the Digital Millennium Copyright Act protecting the integrity of copyright management information (“CMI”), and held that unintentional removal of metadata embedded in a photograph does not violate the statute.
CDAS Brings in Lindsay W. Bowen to Expand its Copyright, Entertainment and Litigation Practice
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
Supreme Court Determines Objective Reasonableness Should Receive Substantial Weight in Assessing Fee Awards under the Copyright Act, But Not to Exclusion of Other Factors (Kirtsaeng v. Wiley)
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
Chambers USA 2016 Recognizes Cowan, DeBaets, Abrahams & Sheppard LLP Practice Group and Partner
Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to announce that Partner Eleanor M. Lackman is ranked and for the first time, the Entertainment Practice is recognized by Chambers and Partners in the Chambers USA 2016: America’s Leading Lawyers for Business guide. In her third consecutive year being included in the Chambers USA guide, Ms. Lackman