Follow Us
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
On June 1, the U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz, L.P., 959 F.3d 1194 (9th Cir. 2020) (Unicolors), to address the following question: “Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?” The issue appears to be a pure question of statutory interpretation, with the language of §411 pointing in one direction but the views of other courts and the Copyright Office arguably pointing the other way. An affirmance of the Ninth Circuit ruling could make the Copyright Office a more significant player in copyright infringement litigation, by requiring the Register to weigh in more often on the validity of registrations.
Continue reading by getting
started with a subscription.
Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
By Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness
By Rob Maier
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
“Holy Fair Use, Batman”: Copyright, Fair Use and the Dark Knight
By David G. Kim and Michael K. Friedland
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We’ll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
Intellectual Property In Legal Tech: Lessons from Recent Cases
By Brian Mack, Kevin Keller and Olga V. Mack
As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.
Copyright © ALM Global, LLC. All Rights Reserved.
