While we wait, we wonder. Will the result by the Supreme Court in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith (“Warhol”) give copiers the right to turn Darth…Continue reading It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative
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 Has Artificial Intelligence Placed Trademarks On Life Support?
Thinking of starting a copyright litigation? You need to answer a number of questions to assure a successful outcome. The questions include:…Continue reading Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation
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 Tips
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?
17 U.S.C. § 507(b), the copyright litigation statute of limitations appears to be deceptively simple. It requires an infringement claim to be “commenced within three years after the claim accrued.”…Continue reading What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella, Sohm & Starz
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…Continue reading After ReDigi, Will NFTs Enable A Digital Resale Market
Introduction by Andrew Berger I am pleased to introduce Michael Einhorn to IP In BRIEF. Michael A. Einhorn, Ph.D. is an economic consultant and expert witness in…Continue reading Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement
Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation. …Continue reading Proving and Disproving Trade Secret Claims
David Leichtman from Robins Kaplan in NY gave us an excellent presentation on proving damages at trial in copyright litigation at the Intellectual Property Institue’s Ocean Reef winter conference. Here is my summary of his talk along with links to some of the cases he mentioned and his PowerPoint….Continue reading Proving Damages at Trial in Copyright Litigation
