Category Archive for "Copyright Law"

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Third Circuit rejects copyright presumption in favor of permanent injunctions

After securing a copyright infringement verdict, it should be easier to obtain a permanent injunction against the infringing party, right? Not so in several jurisdictions. The U.S. Court of Appeals for the Third Circuit has now made it harder for copyright holders to get injunctive relief, even after prevailing in court. The plot thickens Vernon Hill, the longtime CEO of Commerce Bank, co-authored a manuscript in 2007, while still a bank employee. He left Commerce a few months before TD Bank purchased it. After Hill published a book in 2012, TD Bank sued him, alleging that he had infringed the never-published manuscript he’d co-authored while still at Commerce. The trial court found that the bank owned the copyright under a letter of agreement and that Hill’s book irreparably violated the bank’s “right to not use the copyright.” A year later, based on evidence that Hill continued to promote his book, the court issued a permanent
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IP due diligence in corporate transactions

The strength of a company’s intellectual property portfolio often drives the value of corporate transactions. Regardless of whether you are the acquisition target or the buyer in a transaction involving IP, the due diligence process should be designed to reveal the value of the intangible assets—patents, trademarks, copyrights, and trade secrets. IP due diligence should ideally be conducted at the onset of negotiations. This not only allows a more reasoned value of the IP to be determined, but also enables proactive corrective action if any legal concerns are identified that may otherwise affect its valuation.

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Ideas on Intellectual Property Law – March 2020

Patterson Thuente IP is pleased to present the March issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Limited protection: Inaccurate statement forfeits copyright infringement claim

Creative works are generally subject to copyright protection even without registration with the U.S. Copyright Office. But there are a number of important advantages to securing Copyright Registration — including the ability to file suit for copyright infringement. Normally, a registration certificate provides sufficient evidence of a valid registered copyright. However, inaccurate information in the certificate can invalidate the registration. In a recent case, the holder of one such certificate not only lost out on its ability to pursue an infringement claim, but also ended up on the hook for the would-be defendants’ attorneys’ fees and costs. The fact pattern Gold Value (doing business as Fiesta Fabric) creates textile designs and sells fabric to customers that use it to make clothing. Sanctuary Clothing, LLC, is a clothing manufacturer. Fiesta sued Sanctuary and several retailers, alleging they’d infringed a copyright it held for one textile design. Fiesta had registered the design as part of its Spring/Summer
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Active or Passive?

What makes website operators directly liable for copyright infringement? As many copyright holders have learned the hard way, the Internet opened a whole new frontier in the world of infringement, particularly when it comes to pinning liability on the appropriate parties. In a recent case involving the unauthorized use of thousands of copyrighted photographs, the U.S. Court of Appeals for the Ninth Circuit laid out the types of behaviors that will — and won’t — make a website operator directly liable for copyright infringement on their sites.

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Ideas on Intellectual Property Law – Oct/Nov 2019

Patterson Thuente IP is pleased to present the October/November issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Extra! Extra!

SCOTUS clarifies copyright infringement lawsuit prerequisite Authors of work obtain exclusive rights — copyrights — in their works immediately on creation of the work. But they generally can’t file a civil lawsuit for infringement of those rights until they register the work with the U.S. Copyright Office.

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Patterson Thuente IP 2020 Best Lawyers

Patterson Thuente IP is pleased to announce that our lawyers have been named to the 2020 Edition of The Best Lawyers in America. Congratulations to the following attorneys:

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Ideas on Intellectual Property Law – Aug/Sept 2019

Patterson Thuente IP is pleased to present the August/September issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Music platform hits a sour note

Resale of digital music violates Copyright Act The introduction of digital works has raised a variety of questions about how the Copyright Act applies in the modern age. But one thing is now clear: Neither the first-sale doctrine nor the fair use defense allows the resale of copyrighted digital music files.

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