Posts Tagged: "copyright"

The ruling has wide implications for both the fashion apparel and home furnishings industry, both of which rely on distinctive, eye-catching designs to sell products. The upshot for clothing and furniture companies is that the Varsity Brands ruling gives product manufacturers an additional tool to combat knock-off designs. With that in mind, manufacturers should review their product line to ensure their copyright-eligible products are protected under this new standard.

Google tries to strike a “patent peace” with a new cross-licensing initiative for Android developers. The Federal Circuit is petitioned for review of a judgment in a patent case on the grounds that arbitration flouted public policy. A couple of Texas academic institutions square off in a patent battle over cancer treatments. Also, a House bill moves forward which would make the Register of Copyrights a Presidential appointee.

Authors who are making a wage that is at or below the poverty line create a burdensome charge for readers? Well when you put it that way what Justice Breyer wrote just sounds stupid… There is a cost associated with discovering whether there are previous copyrights and securing permission to copy? Is Justice Breyer really suggesting that the grant of rights to copyright holders is too onerous for copycats and plagiarists to bear? What about this radical idea Justice Breyer – don’t copy what you didn’t create! If you cannot acquire the rights then just don’t copy, period… There is a reason judges, and in particular Justices of the Supreme Court, are not supposed to say more than is necessary to decide a case. Without consideration of a multitude of important issues seemingly innocuous statements can easily be absurd in the broader context, not to mention set bad precedent.

On March 15th, an appeal filed in the U.S. Court of Appeals for the Ninth Circuit (9th Cir.) gave new life to a copyright battle that has been waged over arguably the most popular rock song of all time. Counsel representing Randy Wolfe, guitarist for the rock band Spirit, appealed an earlier decision from California district court, charging that the…

In Star Athletica Breyer laments that the majority is ignoring the statute, refers to copyrights as a monopoly, and explains that copyrights are a tax on consumers… These seemingly innocent comments demonstrate a breathtaking dishonesty, which is hardly a newsworthy conclusion, or even much of a revelation to anyone in the patent community. Still, over the past few days the drivel that has been sprinkled into Supreme Court opinions has been particularly nauseating. The ends justify the means for the Supreme Court. When it is convenient they defer to Congress and wax poetically about the importance of stare decisis, as they actually had the gall to do in Kimble v. Marvel Entertainment. When adhering to well-established rules and expectations of an entire industry is inconvenient, they create exceptions to statutes, ignore statutory schemes altogether, and overrule generations of well-established law.

On Wednesday, March 22nd, the U.S. Supreme Court handed down a decision in a copyright case, which clarifies federal copyright law surrounding whether features incorporated into the design of a useful article are eligible for copyright protection. In a 6-2 decision, the Supreme Court held in Star Athletica, LLC v. Varsity Brands, Inc. that such features are eligible for copyright protection if they can be perceived as a work of art separate from the useful article and would qualify as an protectable work if imagined separately from the useful article.

The highest federal court in the United States declines to hear an appeal from tech giants on applying common sense to patent validity challenge proceedings. A group of pharmaceutical giants duke it out in a patent battle over a topical ointment for treating acne. The capital’s district court hears arguments in a case about compulsory copyright licenses. Also, President Trump signs a bill authorizing billions in funding for the nation’s space agency.

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American movie star Marilyn Monroe has become too generic for any trademark rights to continue. Sony files a patent infringement lawsuit over set-top boxes. Forever 21 files a declaratory judgment action calling Adidas a trademark bully. Cher wins a copyright dismissal over claims her 2013 album cover was infringing. The Supreme Court gears up to hear oral arguments in a case that examines the limits of the patent exhaustion doctrine. Plus a very busy week on Capitol Hill.

A growing Chinese consumer electronics firm acquires a patent portfolio that makes them the fourth global producer of smartphones with the capacity to develop semiconductors in-house. The Supreme Court denies writ in a case, leaving in place a lower court’s decision on plaintiff standing in asserting foreign trademarks in the U.S. The Federal Circuit upholds patent invalidations levied against IP monetization firm Intellectual Ventures. Also, songwriter industry groups lobby the Copyright Office to adjust royalty fee structures in light of the growth of online streaming media.

Another covered business method review is overturned by the Federal Circuit because the Patent Trial and Appeal Board instituted a CBM on a patent that was not a CBM patent. China leads the world not only in stealing digital images protected by copyright but also in terms of trademark applications filed. The Catholic Church starts to take action in protecting its own intellectual property. Also, Alphabet’s self-driving car subsidiary files a lawsuit including patent and trade secret claims against ride sharing giant Uber.

An appellate court hands down a ruling in favor of Internet radio provider Sirius XM against a rock band trying to assert its copyright on pre-1972 music recordings. Networking technologies are at the center of a patent infringement suits involving two major international telecommunications firms. One U.S. Senator takes action on drafting legislation that might cap H-1B visas. Also, the highest federal court refuses to hear an appeal of a patent case from Maryland state court in which the judge refused to interpret a patent’s meaning.

The most active defendants in copyright lawsuits include department store chain Ross Stores, Inc. (NASDAQ:ROST), which was named as a defendant in 276 cases. Following Ross Stores are a series of retailers: TJX Companies, Inc. (NYSE:TJX), named a defendant in 123 cases; Amazon.com Inc. (NASDAQ:AMZN), a defendant in 84 cases; Burlington Coat Factory (NYSE:BURL), a defendant in 74 cases; and Rainbow USA Inc., a defendant in 66 cases. Except for Amazon, these are primarily off-price department stores offering brand name goods at discounted prices. Music publishers like Universal Music Group, Inc. (65 suits) and education publishers like Pearson Education, Inc. (NYSE:PSO) (50 suits) are also among the top defendants in copyright cases.

On the menu this week for Other Barks & Bites… Video game systems developed by Nintendo and Sony are targeted in a patent infringement suit filed in Delaware federal court. The infamous scan-to-email patent giving rise to the patent troll debate has finally been invalidated at the Federal Circuit. A multi-billion dollar copyright suits between two American tech giants gets new life from Oracle. California’s state legislature moves to create trademark protections for marijuana products at the state level, circumventing federal restrictions on such trademarks. And Zillow gets hit with a copyright infringement verdict.

While engaging in a manner most likely to lead to success is critical for any company, it is even more important for toy entrepreneurs for a variety of reasons. Unfortunately, all too frequently costly mistakes are made. Here are five mistakes that I see toy companies make far too often… One of the ultimate ironies is that many toy companies spend most of the time coming up with the perfect name for their company but then don’t take the necessary steps to secure that name. Usually, companies either fail to run a trademark search or wait too long to file the trademark. The best time to discover a trademark issue for your name of choice is at the outset because any conflict can easily be resolved by picking a new name; and trust me while that may not seem desirable in the long run it will save you a lot of time and money.

Kylie Minogue reports victory in a trademark opposition filed against Kylie Jenner, but the electronic records of the U.S. Patent and Trademark Office are cause for confusion. Also, the estate of Dr. Seuss supports its copyright infringement claims against a New York City playwright and all 12 districts of the Federal Reserve System seek invalidation of two patents on electronic fraud-proof payment systems, plus Netflix, Beyoncé and our weekly updates on what is happening on Capitol Hill and on Wall Street.