Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM in the…Continue reading Determining Genuine Use of a CTM in the EU after ONEL
I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the…Continue reading Translating IP Translator For US Mark Holders Filing in Europe
Mastering Rubik’s Cube may be easier. Predicting the amount of statutory damages that will be awarded in copyright infringement litigation continues to confound attorneys on both sides of the…Continue reading Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version
Counterfeits cost brand owners billions of dollars every year. How can brand owners combat this problem? What are the best strategies they can employ and will they work? I am…Continue reading A Conversation with Lisa Martens About How Brand Owners Can Combat Counterfeiting
Lime Wire continues to educate regarding statutory damages. The latest novel issue it decided is whether a judgment for statutory damages against an individual infringer for copyright infringement of…Continue reading Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?
The Arista Records v. Lime Wire litigation in the Southern District of N.Y., headed for a jury trial in early May, is a statutory damages tutorial. Judge Kimba Wood …Continue reading Arista Records v. Lime Wire Answers Some Novel Questions re Statutory Damages In Copyright Litigation
Andrew will be speaking in Chicago at John Marshall Law School’s 55th Annual Intellectual Law Conference on Friday February 25. His topic will be constitutional challenges to statutory damages for…Continue reading John Marshall Law School Center for Intellectual Property Law on February 25
First Circuit review of Judge Gertner’s decision in Sony BMG v. Tenenbaum is in sight with argument set for April 4. In that copyright infringement case, the district court did…Continue reading Sony v. Tenenbaum: What Are the Due Process Limitations on Awards of Statutory Damages in Copyright Litigation?
http://player.soundcloud.com/player.swf?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F6395554&show_comments=true&auto_play=false&color=0084ff Sony BMG v. Tenenbaum Here is the audio of the nine minute podcast I recently did for Suffolk University Law School discussing the district court’s decision in Sony BMG…Continue reading My Podcast on Sony BMG v. Tenenbaum Sponsored by Suffolk Law School
How much creativity does copyright require? Thankfully for copyright creators, not much. A dash will do. But in the rare case when that dash is absent, the owner of the…Continue reading Express v. Forever 21: How Much Creativity Does Copyright Require? “A Little Dab Will Do”