Category Archive for "Copyright Law"

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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3D musical notes stanza

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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cover of ideas on intellectual property law newsletter june july 2019 issue

Ideas on Intellectual Property Law – June/July 2019

Patterson Thuente IP is pleased to present the June/July 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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3D electric guitar

Stairway back to court

Erroneous jury instructions trip up copyright verdict The 2016 ruling by a trial court in a copyright infringement case over Led Zeppelin’s classic rock anthem “Stairway to Heaven” garnered a lot of attention. The U.S. Court of Appeals for the Ninth Circuit has now sent the case back to the trial court (which ruled in the band’s favor), shedding some valuable light on how to prove copyright infringement of music in the process.

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cover of ideas on intellectual property law newsletter April May 2019

Ideas on Intellectual Property Law – April/May 2019

Patterson Thuente IP is pleased to present the April\May 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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3D silver copyright symbol

Factual compilation qualifies for “thin” copyright

More and more of our personal information is collected every day, but some of the most valuable consumer data continues to be pairings of names and addresses. Companies build massive databases that compile this information — but are these compilations protected by copyright? It depends.

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cover of Ideas on Intellectual Property Law newsletter February March 2019

Ideas on Intellectual Property Law – February/March 2019

Patterson Thuente IP is pleased to present the February/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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3D ban symbol red

SCOTUS strikes down ban on immoral or scandalous trademark registration

Just two years after ruling that a ban against the registration of disparaging trademarks was a violation of the First Amendment and thus unconstitutional, the U.S. Supreme Court has proven that it wasn’t a fluke. It recently held that a ban against registration of immoral or scandalous trademarks is unconstitutional as well. The decision has implications for previously rejected and pending trademarks found to have violated the bar. Registration denied Erik Brunetti applied for federal registration of the trademark FUCT, the name of his clothing line. The U.S. Patent and Trademark Office (USPTO) denied his application, citing the Lanham Act’s provision prohibiting the registration of “immoral or scandalous” marks. Brunetti brought a First Amendment challenge to the ban, and the U.S. Court of Appeals for the Federal Circuit found the prohibition violated the First Amendment. The case went to the Supreme Court for review. Ban knocked down In 2017, the Court declared the Lanham Act’s
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3D generic cell phone black

Photogs lose DMCA case over metadata removal

More than two decades after its enactment, portions of the Digital Millennium Copyright Act (DMCA) continue to confound both copyright holders and accused infringers. What, for example, must a copyright holder establish to win a lawsuit over removal of copyright management information (CMI)? The U.S. Court of Appeals for the Ninth Circuit provided some clarity on the issue in a case involving digital photographs.

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Ideas on IP Law Year End 2018 cover

Ideas on Intellectual Property Law – Year End 2018

Patterson Thuente IP is pleased to present the Year End 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.

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