For our U.S. readers with Thanksgiving and food still on their minds, the TMCA thought it would be timely to comment on recent news from Europe about cheese. The Court of Justice of the European Union (“ECJ”) held that there was no copyright in the…
The recent decision of DeLorean v. DeLorean Motor Co. is no doubt significant to the parties as well as attorneys and courts who will cite it in future briefs and decisions. However, it is also important because it demonstrates that the intellectual property rights associated with…
After a six year legal battle, superstar rapper Shawn Carter (“Jay-Z”) and his former partners Damon “Dame” Dash and Kareem “Biggs” Burke successfully defended their use of Roc-A-Fella Records’ iconic logo. Walker v. Carter, et al. highlights the importance of keeping reliable written records, and paying attention to…
On October 10, 2018, President Trump signed the Marrakesh Treaty Implementation Act (“MTIA”), which will allow the United States to join the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. The net result of…
On September 17, 2018, Judge Steven V. Wilson of the federal court of the Central District of California ruled on General Motors’ motion for summary judgment in Falkner v. GM, a copyright action concerning graffiti artists’ ability to protect their work from infringement by photographers….
As it turns out, all that glitters is not gold. Or at least that’s probably how Led Zeppelin feels after the 9th Circuit overturned a shiny jury verdict in favor of the iconic British rock band. The dispute involves a copyright infringement claim that Led Zeppelin…
As we reported this spring, the “Music Modernization Act” (MMA) working through Congress avowed to bring the royalty determination formula for digital music services into the 21st Century. In April, the House of Representatives actually approved the MMA unanimously (415-0), likely one of the few,…
On 12 September 2018, the EU Parliament adopted a revised draft of the directive on Copyright in the Digital Market. The proposed legislation includes some significant changes to the copyright regime and a couple of surprise additions introduced in the last minute by the EU…
Did you know that there are likely billions of unprotected IP works in nearly every consumer electronic sitting on your desk or held in your hand? Today, it seems like every electronics device maker is announcing there are something like seven billion transistors on a…
Last Friday, the 9th Circuit Court of Appeals finally put to bed a copyright dispute that many viewed as nothing short of bananas. Naruto v. Slater—dubbed the “Monkey Selfie” case—raised the novel (if not bizarre) question of whether a non-human primate has standing to sue…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
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