Mistakes happen — but, thanks to a new ruling by the Eleventh Circuit Court of Appeals, mistakes in a copyright registration application don’t necessarily doom the resulting registration. According to a recent case, the registration will be upheld unless it contains material inaccuracies and the registrant intended to conceal relevant information from the Copyright Office.
Patterson Thuente IP is pleased to present the June/July 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
Thanks in part to the proliferation of websites over the past couple of decades, the use of stock photography is more widespread than ever. And the posting of photos online—as well as in print—has created a copyright infringement bonanza. But who has the right to enforce copyright claims involving use of stock photographs? The Ninth Circuit Court of Appeals recently tackled this question.
Patterson Thuente IP is pleased to present the April/May 2018 issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
If you thought the most competitive designers around are found on reality shows, think again. A recent case decided by the Seventh Circuit Court of Appeals illustrates that the claws can come out in the world of affordable home design, too. And, as the plaintiff learned, copyright law provides only limited protection.
What’s a copyright holder to do when counterfeit products show up on the massive online marketplace Amazon.com? Well, one thing it will have trouble doing is successfully suing Amazon for infringement, as seen in Milo & Gabby LLC v. Amazon.com, Inc.
Fashion and apparel have long existed in a cloud of copyright confusion. Clothing often incorporates design elements, which may be protectable, and functional elements, which aren’t. The U.S. Supreme Court has now established a two-part test intended to resolve “widespread disagreement” regarding copyright protection for such “industrial designs.”
Vocabulary matters in the courts, as one company found out recently. According to the Ninth Circuit Court of Appeals, the term “volitional conduct” has nothing to do with voluntary actions when it comes to direct copyright infringement. The court explained the meaning in a case where it also denied a copyright holder’s secondary liability claims for infringement.
Imitation is the sincerest form of flattery — or so the saying goes. However, when it comes to copyrighted material, imitation can also be unlawful infringement if use of the work isn’t deemed a “fair use.” What constitutes fair use was central to a recent Second Circuit Court of Appeals case involving the incorporation of an iconic comedy routine into a Broadway play.
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