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Features

Supreme Court on APIs and Fair Use Image

Supreme Court on APIs and Fair Use

Scott Graham

Google didn't get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.

Features

2d Cir. Issues Two Notable Copyright Fair Use Decisions Image

2d Cir. Issues Two Notable Copyright Fair Use Decisions

Tom McParland

The U.S. Court of Appeals for the Second Circuit recently issued decisions in two closely watched copyright fair use cases involving photographs. In the…

Features

Tax Issues In NY Publicity Right Becoming Descendible Image

Tax Issues In NY Publicity Right Becoming Descendible

Sharon L. Klein 

While some states, like California, recognize post-mortem publicity rights, New York had extended the right of publicity to living New Yorkers only.

Features

COUNSEL CONCERNS: Legal Fees Fallout From WWE Litigation Image

COUNSEL CONCERNS: Legal Fees Fallout From WWE Litigation

Justin Henry

K&L Gates is being accused by a Massachusetts-based plaintiffs' attorney — who sued longtime K&L Gates client World Wrestling Entertainment in Connecticut federal court and is now saddled with sanctions — of making exorbitant demands for more than half a million dollars in legal fees.

Features

California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager Image

California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager

Stan Soocher

Conflict of interest is a red-flag concern when an attorney becomes a talent manager. But what happens when a formerly licensed attorney continues to provide management services for talent?

Features

No Delay for Weinstein Victims Trust Plan Image

No Delay for Weinstein Victims Trust Plan

Ellen Bardash

A U.S. District Court Judge for the District of Delaware judge ruled not to grant a motion that would have stayed a liquidation plan setting aside $17 million to settle with those who have claimed sexual misconduct by former film industry executive Harvey Weinstein.

Features

Developments In Student Athletes' Publicity Rights Image

Developments In Student Athletes' Publicity Rights

Benjamin Tulis & Gregg E. Clifton

The rights of college student-athletes to receive compensation for the use of their "name, image and likeness" (NIL) are finally being addressed. As…

Columns & Departments

Bit Parts

Stan Soocher

Eleventh Circuit Flirts With Nominative Fair Use Test in Alan Parsons Project Trademark Case

Features

Litigation Over Tom Clancy Works Involves Fundamental, But Complex Copyright Elements Image

Litigation Over Tom Clancy Works Involves Fundamental, But Complex Copyright Elements

Stan Soocher

Current copyright litigation in the U.S. District Court for the District of Maryland involving Clancy's widow Alexandra and his former wife Wanda King is complex, but involves fundamental issues of copyright ownership.

Features

'Stranger Things' Copyright Claim Survives Motion to Dismiss Image

'Stranger Things' Copyright Claim Survives Motion to Dismiss

Alan R. Friedman

In response to a copyright claim in the U.S. District Court for the Central District of California that the Netflix series Stranger Things infringed on Irish Rover Entertainment's unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing that the works were not substantially similar as a matter of law.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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