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.
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.
The 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.
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.
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:
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!
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.
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.