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Intellectual Property

  • It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. Claims like this do not often succeed because "words and short phrases such as names, titles, and slogans" are "not subject to copyright."

    January 01, 2020Robert W. Clarida and Robert J. Bernstein
  • Federal Circuit Holds PTAB Judges Unconstitutional, Constructs a Fix—But Not All Judges Agree on What Happens Next

    January 01, 2020Joshua R. Stein and Jeff Ginsberg
  • A new esports-centric survey released by the law firm of Foley & Lardner projects that esports revenues will climb above the $1 billion mark this year. But the increased stakes and growing sophistication of the industry will likely not be without their headaches.

    January 01, 2020Frank Ready
  • The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.

    December 01, 2019Scott Graham
  • Some of China's largest companies have banded together with major brands in the United States and elsewhere to neutralize "patent trolls," an indication that the country's firms are becoming increasingly concerned about patent infringement litigation.

    December 01, 2019Phillip Bantz
  • U.S. Supreme Court to Hear Booking.com Trademark Case

    December 01, 2019Anthony H. Cataldo
  • A New Yorker who settled a copyright lawsuit against several news outlets over a photo he took of star quarterback Tom Brady and Boston Celtics manager Danny Ainge has struck again. This time he's suing a radio station owner in Florida federal courts in a case that could test the boundaries of an emerging area of copyright law, raising major questions about how media companies incorporate social media posts into online stories.

    December 01, 2019Raychel Lean
  • The documents that a firm produces are its greatest asset, yet firms historically have not made sufficient efforts to safeguard those documents from both internal and external threats. Law firms have typically had an open-door approach to document access. This means that anyone in your firm can likely access any document at any time, leaving your firm's intellectual property entirely unprotected.

    November 01, 2019Matthew Calcagno