More than half a century ago, the Court of Appeals for the Second Circuit issued an influential decision in Dawn Donut Co. v. Hart’s Food Stores, Inc., concerning the proper scope of injunctive relief in a trademark infringement case where the plaintiff owns a federal…
This morning in a Los Angeles federal court, a unanimous jury exonerated British rockers Jimmy Page and Robert Plant—two members of the storied Led Zeppelin rock band—from claims of copyright infringement over the iconic 1970s rock anthem “Stairway to Heaven.” The named plaintiff was the…
Following on the heels of the FTC’s March 2016 settlement with Lord & Taylor concerning a deceptive native advertising campaign, the FTC just announced that it has reached a settlement with SmartClick Media LLC over its phony doctor certification program and three deceptively formatted websites. While the…
As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. For example, for many years courts have held that landlords and operators of…
English pop musician Ed Sheeran has been sued for copyright infringement in the Central District of California over his recent hit song “Photograph,” which peaked at number ten on Billboard’s “The Hot 100” chart. The two songwriter-plaintiffs, Martin Harrington and Thomas Leonard, claim that “Photograph”…
Today, the U.S. Supreme Court handed down an important decision regarding when the prevailing party in a copyright lawsuit is entitled to recover attorneys’ fees and costs. The Copyright Act provides that “the court may also award a reasonable attorney’s fee to the prevailing party.” …
We blogged last week about a recent decision by the Court of Appeals for the Second Circuit in International Information Systems Security Certification Consortium, Inc. v. Security University, LLC, in which the Court confirmed the legal standard for assessing likelihood of confusion when a defendant…
CBS recently secured a potential landmark victory that could benefit radio stations, streaming services, and satellite radio providers—many of whom have been mired in litigation for years with owners of sound recordings of “oldies” music. The court in ABS Entertainment, Inc. v. CBS Corp., et…
The Visual Artists Rights Act (“VARA”) protects a “work of visual art” from “intentional distortion, mutilation, or other modification.” VARA defines what a work of visual art is, and also what it isn’t. A painting, drawing or sculpture, can all qualify as works of visual…
If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative fair use” because it is a use of a trademark to “name”…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
Sarah RobertsonSarah has over fifteen years’ experience helping clients prot...
Fara SunderjiFara assists clients in the development and execution of all type...
Charlene KroghCharlene Krogh is a Partner in Dorsey’s top-ranked Tradem...
Evan EveristEvan is a partner in Dorsey’s Trademark, Copyright and Adverti...