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Features
The successful plaintiff in a design patent infringement case is entitled to recover the greater of the defendant's profits or its own damages, regardless of how the jury desires to apportion the award. Thus, in <i>Nordock, Inc. v. Systems Inc.,</i> the Federal Circuit ordered a new damages trial on the grounds that the amount of defendant's profits assessed by the jury was not supported by the evidence or in accordance with the law.
Features
When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.
Columns & Departments
Franchisees and Dealers Should Plead Causation In Actions Against the Government <br>Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State
Features
The producer credited with launching the career of Lady Gaga has been granted a new trial after he was ordered to pay $7.3 million to a talent scout who introduced him to the singer.
Features
A federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.
Columns & Departments
Analysis of a ruling out of Georgia.
Features
Using Relativity to gather, review and produce documents in response to discovery requests has historically been its core use. However, one of the most effective ways in which Relativity can be creatively used by competent operators is as an Information Governance (IG) application.
Features
Twitter Inc. has been hit with a proposed class action alleging that the company's handling of direct messages between users violates the Electronic Communications Privacy Act (ECPA).
Features
The UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
Columns & Departments
Attorney Fees Award to Victor Willis in Song Termination-Rights Litigation<br>New York Federal Court Supports Descendibility of Lanham Act False Endorsement Claims
