On Oct. 16, in Authors Guild v. Google, the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.
- November 01, 2015Robert J. Bernstein And Robert W. Clarida
GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
November 01, 2015Gerald M. LevineNew York Federal Court Dismisses Copyright Plaintiff's Suit Against Former Lawyers
Nicollette Sheridan's Retaliation Claim in L.A. Superior Court Needn't First Be Filed with California Labor CommissionerNovember 01, 2015Stan SoocherThe 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 Nordock, Inc. v. Systems Inc., 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.
November 01, 2015Matthew Siegal And Adam SapperWhen 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.
November 01, 2015Judith L. GrubnerFranchisees and Dealers Should Plead Causation In Actions Against the Government
Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home StateNovember 01, 2015Cynthia M. Klaus And Bryan HuntingtonThe 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.
October 05, 2015Charles ToutantA 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.
October 01, 2015Ross ToddUsing 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.
October 01, 2015Richard Lutkus And Tushar Vaidya
