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Posts Tagged ‘copyright infringement’

Prof. Evans to moderate NBA IP Law Review CLE webinar Wed 6/8

June 6, 2016 Leave a comment

I invite you to register for Wednesday’s webinar, hosted by the NBA IP Law Section. Registration is free for all IP Section members, and $30 for non-members.

IP Law Review – A Survey of Recent Developments in Patent, Trademark, and Trade Secret Law.

Date: Wednesday, June 8, 2016

Time: 1:00pm to 2:30pm EDT

Follow live tweet at #NBAIPLaw

Presenters:

  • Tonya Evans (Widener University Commonwealth Law School) – Moderator
  • Darrell Mottley (Banner Witcoff)
  • Shontavia Johnson (Drake University Law School)
  • Kevin Jordan (JP Morgan Chase)

Summary – Our panelists will discuss a variety of hot topics and recent developments in patent, trademark, and trade secret law, including:

  • The internet of things as an emerging technology/industry, and related IP and regulatory issues
  • Intersection between the First Amendment and Section 2(a) of the Lanham Act regarding registration of immoral, scandalous, or disparaging trademarks, including the impact of trademark cases
  • Overview of trade secret law and its viability as an alternative means of IP protection

CLE Info: The NBA IP Law Section is looking into obtaining CLE accreditation in the following jurisdictions: CA, GA, IL, NY, TX, and VA. For questions regarding CLE accreditation, please contact Bill Barrow (wbarrow[at]mayerbrown.com).

Cost: This webinar is free for NBA IP Law Section members and costs $30 (plus processing fees) for non-members.

Register at:  https://www.eventbrite.com/e/nba-ip-law-section-intellectual-property-law-review-registration-25483682380

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Court rules teaching people how to circumvent DRM in eBooks is not copyright infringement. DO tell …

December 11, 2014 Leave a comment

Protection or overprotection?

Telling users how to strip the DRM from their legally purchased ebooks is not contributory copyright infringement, according to a ruling last month by a federal judge in New York. Judge Denise Cote dismissed two publishers’ claims of contributory infringement and inducement inAbbey House Media v. Apple Inc., one of the many cases to come out of the antitrust litigation against Apple and a handful of major publishers.

Source: EFF.org

[Read the full article at EFF.org]

Marvin Gaye Estate Takes Off Boxing Gloves, New Claims against Thicke, EMI

October 30, 2013 Leave a comment

Source: HollywoodReporter.com “Exclusive”

After Robin Thicke and his Blurred Lines cohorts filed a declaratory law suit against the Marvin Gaye estate to assert that his summer sensation Blurred Lines did not infringe Gaye’s copyright, the lines of communication between Thicke and the Gaye estate were more than blurred, they were fractured. Now it seems they’re severed completely and the only communication coming from either camp is between a serious cadre of lawyers.

thicke_gaye_recordmashupThe Gaye estate has taken off the proverbial boxing gloves in a full-out assault to protect Gaye’s copyrights. Yes, plural.

Marvin Gaye’s family is responding in a major way to Robin Thicke’s lawsuit claiming that “Blurred Lines” wasn’t stolen from Gaye’s “Got to Give It Up.”

On Wednesday, the family went nuclear with counterclaims that allege that Thicke stole the summer mega-hit and also committed copyright infringement on Gaye’s “After the Dance” to create his song, “Love After War.” What’s more, the new legal papers obtained by The Hollywood Reporter suggest that Thicke’s “Marvin Gaye fixation” extends further to more songs in the Thicke repertoire.

Read the full article at HollywoodReporter.com

Follow me @IPProfEvans

The Politics of Copyright and Music on the Campaign Trail

August 27, 2012 Leave a comment

© 2012 Ami Patel (student contributor)

Credit: AP

If the beginning of endless commercials didn’t give it away, it’s that time again – presidential campaign season. If there is one thing history has shown us, it’s that campaigns shouldn’t use an artist’s song without permission.  Then again, there are many lessons that candidates fail to learn on the campaign trail.

The most recent of these cases involves Mitt Romney, who was recently sent a cease and desist letter for using the Silversun Pickups song “Panic Switch” during his campaign.  He should have learned his lesson after numerous other presidential candidates used music without authorization from an artist and sparked a controversy in the process.

History is littered with candidates who used an artist’s song for campaign purposes. Read more…

Prof down! My injury, your gain. The most popular posts about intellectual property, revisited.

August 5, 2012 Leave a comment

If you know me personally you probably know I’ve been going through quite an ordeal lately. Three weeks or so ago a wonderful game of tennis turned injury-laden for this aging (gracefully?) former collegiate and professional athlete.

I suffered a partial tear of my plantar fascia and was sidelined for two weeks before I could even get up and around on my own and at least return to my own city and home.

Physical therapy is just around the corner now that the acute pain and most swelling has subsided. Also just around the corner? A new sport!

Just posting a quick “check in” to assure you both my scholarship about intellectual property issues and my end of summer posts about current hot topics are “in progress”. So, my injury is your gain. I was sidelined long enough to enjoy substantial periods of rest AND to find significant pockets of productivity time in between.

Hope you’re enjoying a wonderfully restful and productive summer too. Many thanks for remaining plugged into ProfTonyaEvans.com. Check out some of my most popular posts from my archives:

Be well,

Prof. TE

UPDATE: Righthaven Found Wrong, loses copyrights … and trademark!

March 7, 2012 Leave a comment

I first discussed Righthaven in a July 12, 2011 post that addressed whether you can copy an entire news article online and successfully claim fair use. Righthaven is a Las Vegas-based company co-owned by its CEO and founder Steve Gibson and Stevens Media, owner of approximately 70 media outlets, including the Las Vegas Review-Journal.

The question in that post arose because Righthaven, sometimes referred to as a Copyright Troll, was engaging in a business practice of acquiring copyrights in order to file hundreds of no-warning infringement lawsuits with an eye toward settlement and without regard to whether the use was fair.

Some, including some federal judges, viewed Righthaven’s approach as an extortion-style “shakedown” with no real intention to see the case to its conclusion. And now another federal judge has agreed. And what’s more, the judge ruled that Righthaven should be stripped of its copyright holdings and its trademark!

VegasInc.com reports:

A federal judge in Las Vegas on Monday stripped Righthaven of whatever interests it has in its 278 federal copyright registrations as well as its trademark. Judge Philip Pro ordered that the copyrights and trademarks be transferred to a court-appointed receiver so they can be auctioned to cover some of Righthaven’s debts.

Click here to read the full article and the Righthaven court battle loss.

2 Lawyers sue Westlaw, Lexis over digital pub of their court docs

February 24, 2012 Leave a comment

As reported by NewYorkLawJournal.com:

Two lawyers have filed suit claiming that the digital collection and sale of their publicly filed legal briefs and memoranda violate U.S. copyright laws.

In a putative class action filed in the Southern District of New York on Feb. 22, the lawyers are seeking damages, disgorgement of profits and a declaratory judgment against West Publishing Corp. and LexisNexis for engaging in the “unabashed wholesale copying of thousands of copyright-protected works created by, and owned by, the attorney and law firms.”

West Publishing Corp. is an arm of Thomson-Reuters. ALM, also the publisher of the New York Law Journal, licenses its content to LexisNexis, an arm of Reed Elsevier Inc. Both sell digital licenses for users to access online databases.

Read the full article

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