Posts Tagged "copyright"

Drum Kit image Patterson Thuente IP newsletter

Will innocent, immaterial inaccuracies defeat copyright registration?

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.

Read More

Whose home is it? House designs avoid copyright infringement.

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.

Read More

Defining “seller” for copyright infringement liability

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.

Read More

A uniform standard for copyright industrial designs

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.”

Read More

Access denied: Court shuts down copyright infringement claims

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.

Read More

New Year, New Ideas

New Year, New Ideas The New Year has finally arrived and we are ready for 2017! We wanted to outline some important IP advice for your company this year.

Read More