The U.S. Copyright Act states that a civil copyright action must be filed within three years of its accrual. How this applies to copyright infringement and to copyright ownership claims, including in the same case, isn’t always clear. But two recent federal appeals courts decisions have provided guidance on the differences in accrual for each of these copyright claims.
As millions of Americans turned to television and movies for diversion and comfort amid the coronavirus pandemic and resulting business shutdowns, the companies that create that content were left scratching their heads about how to resume business safely when they are allowed. Davis Wright Tremaine launched a new group in hopes of providing the answers.
Romag Fasteners, Inc. v. Fossil, Inc.
The Supreme Court, settling a circuit split, held that, although highly important, willfulness is not a prerequisite for a trademark infringement plaintiff to obtain a profits award.
Latham & Watkins partners Michele Johnson and Jamie Wine turned the tide for the U.S. Soccer Federation in a high-profile — and highly sensitive — wage discrimination lawsuit by the U.S. Senior Women’s National Team. In this Q&A, Johnson and Wine discuss their perspective on the case
Stewart E. Sterk
Jeffrey Turkel’s lead article in last month’s issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of…
Dana Delman and John Vukmanovic
When COVID-19-related restrictions imposed by state and local governments are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy. Modifications should be used to cut risk and losses. If at all possible, landlords and tenants should cooperate now to avoid that outcome.
Condominium Lien Enjoys Priority Over Mortgage
Business Judgment Rule Precludes Challenge to Cancellation of Shares
Gerald D. Davis and Amy L. Drushal
Restaurants are already fragile businesses, not known for lucrative revenue, but instead known for surviving on tight margins. When the industry reopens to the “new normal,” will will the restaurant industry look like?
Steve Sozio, Rebecca Martin, Rajeev Muttreja and Mark Rotatori
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs’ lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
Anthony J. Dreyer
On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand was not precluded from asserting its defenses in its long-standing trademark litigation against Marcel Fashions Group