Traditionally, trademarks were shortcuts, identifying and distinguished goods in the marketplace in response to a buyer’s needs and self-selected criteria. Trademarks have also protected against human frailty by alleviating confusion, imitation, disparagement and misrepresentation….Continue reading Will Artificial Intelligence Place Trademarks On Life Support?
Thinking of starting a copyright litigation. Take a deep breath. Before you sue, you will need to answer a number of somewhat difficult questions. …Continue reading Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation
Embedding flourishes on the internet. Social media like YouTube, networking sites such as Twitter, streaming music services, including Spotify and search engines like Google, encourage embedding and offer tools that facilitate this practice. …Continue reading Is The End Of Embedding In Sight?
Negotiating a license agreement? There are primers telling you how to take advantage and one-up your license partner. Ignore them. Unless the agreement works for both sides, it won’t last….Continue reading Ten Win-Win License Negotiation Strategies
The statute of limitations in copyright litigation appears to be deceptively simple. 17 U.S.C. § 507(b) states an infringement claim must be “commenced within three years after the claim accrued.” But when does a claim accrue: when the infringement is committed or when it is discovered or should reasonably have been discovered? Further, assuming an…Continue reading What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella & Sohm
Entrepreneurs have long dreamed of a digital resale market Imagine if music lovers could resell their unwanted digital music downloads with a click of a mouse or if college students could just as easily dispose of four years of digital textbooks. To date, the Copyright Act has derailed that marketplace. Capitol Records, LLC v. ReDigi…Continue reading After ReDigi, Will NFTs Enable A Digital Resale Market