In a case of first impression at the appellate level, the First Circuit recently issued a decision highlighting that U.S. copyright law authorizes implied, not merely express, sublicenses of copyrighted works. Photographic Illustrators Corporation v. Orgill, Inc., Case No. 19-452 (1st Cir. Mar. 13, 2020)….
In a case where the subject matter (copyrights relating to footage of a salvaged pirate ship) is arguably more intriguing than the question presented, the Supreme Court held that a section of the Copyright Act allowing copyright lawsuits against States is unconstitutional. Under the statute in…
We have previously written several posts about this copyright dispute over the signature opening guitar riff in the classic Led Zeppelin song “Stairway to Heaven.” You may recall, the estate of musician Randy Craig Wolfe, guitarist for the band Spirit, which reached some popularity in…
In our prior post, we introduced the controversy at the center of “the copyright lawsuit of the decade” between Google and Oracle. Since then, both parties and 61 amici have submitted their briefs to the Supreme Court. This post focuses on the first question before…
A bong distributor with a reputation as a serial trademark plaintiff managed to persuade a Florida federal court that it should not be on the hook for the prevailing party’s attorney’s fees. In Sream Inc. et al. v. CIJ Enterprises Inc., Plaintiffs Roor, a German…
Fleet Feet, Inc. is a national running equipment retail store chain and owner of the trademarks CHANGE EVERYTHING and RUNNING CHANGES EVERYTHING for retail sporting goods stores and athletic apparel and related goods and services. According to the company website, the company espouses the core…
In the past few years, retrogaming – collecting and playing video games from past generation consoles – has become incredibly popular. However, retrogaming raises some interesting copyright issues for both IP owners and gamers. One such issue is the gaming world concept of “abandonware.” This…
In an apparent win for musicians seeking to sample other’s works, on February 3, 2020, the Second Circuit declined to revive a copyright lawsuit against hip-hop musician Drake for his sampling of a 1980s spoken-word jazz recording, allowing the district court’s ruling to stand. Back…
The FTC recently announced a regulatory review of its Endorsement Guides, which provide guidance to marketers to ensure that endorsements and testimonials for products and services are not misleading, particularly as to whether there is a “material connection” between the endorser and the marketer. The…
A federal district court has eliminated a cannabis company’s affirmative defense to federal trademark infringement claims based on the company’s prior use of a trademark that was legal under state law but not federal law. The Court concluded that, although use of the mark may…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
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