Blog – IP In Brief

The Legal Landscape of NFTs in the U.S.

Reading Time: 12 minutes NFTs have attracted creators, investors and brands fueled by the outsized returns some have enjoyed. But NFTs are a trap for the unwary. Many buyers have no idea of the rights and restrictions associated with their NFTs; there is no federal regulation and much fraud. This post will guide those interested in NFTs through this opaque landscape, outline recent litigations,offer some trademark guidance and raise enforcement concerns. …Continue reading The Legal Landscape of NFTs in the U.S.

It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative

Reading Time: 11 minutes 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

Has Artificial Intelligence Placed Trademarks On Life Support?

Reading Time: 5 minutes 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?

Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation

Reading Time: < 1 minute 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

Ten Win-Win License Negotiation Tips

Reading Time: 7 minutes 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

Is The End Of Embedding In Sight?

Reading Time: 9 minutes 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?

What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella, Sohm & Starz

Reading Time: 2 minutes 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.”

After ReDigi, Will NFTs Enable A Digital Resale Market

Reading Time: 7 minutes 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

Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement

Reading Time: 4 minutes 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

Proving and Disproving Trade Secret Claims

Reading Time: 4 minutes 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