Mickey Mouse Joins the Club: Public Domain, Revisited
It’s a new year, which means one thing to every eager copyright-watcher: Public Domain Day! As of January 1, 2024, all works published before 1929 have fallen into the public domain, including the earliest versions of one of the most significant animated characters of all time: Mickey Mouse.
Epic v. Google: A Horse of a Different Color
On December 11, 2023, the jury in the Epic Games, Inc. v. Google LLC et al antitrust litigation handed Epic a significant victory after less than four hours of deliberation, finding that Google wielded unlawful monopoly power within the Android app distribution and in-app billing services.
And the Dance Goes On: Hanagami v. Epic Games Inc. and the Future of Choreography Lawsuits
On November 1, 2023, the Ninth Circuit delivered its decision in the appeal of Hanagami v. Epic Games Inc., reversing the Central District’s grant of defendant Epic Games’ motion to dismiss in the copyright infringement lawsuit brought by choreographer Kyle Hanagami.
Not-So-Secret Invasion: The Infiltration of AI into Creative Work
Over the past few months we’ve spoken at length about the legal issues surrounding the use of AI-generated art—both here on our website and with our friends over at Extra Credits.
The FTC Identifies a “Prime” Candidate for Dark Pattern Enforcement: Key Takeaways
Last week, the Federal Trade Commission announced yet another enforcement action, this time against online retail giant Amazon in connection with its Amazon Prime program.
Goldsmith v. Warhol, the Future of Fair Use, and Takeaways for the Remix Community
The Supreme Court recently released its hotly anticipated opinion in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith, ruling in favor of Lynn Goldsmith.
Companies Need “BetterHelp” With Advertising Compliance
Imagine you just got the worst news of your life and are in a state of depression. Facing your darkest hour, you need to speak to someone immediately. Finding a counselor or therapist seems daunting.
What’s in a Name? Trademarks, the Metaverse, and Rogers in the 21st Century
What happens when the world of high fashion enters the digital realm of the metaverse? Or when the traditional tenets of trademark protection threaten to collide with freedoms of artistic expression?
Winnie-the-Pooh and Disney, Too: What Public Domain Means for a Silly Old Bear
When a work has entered the public domain, what does that mean for creatives who want to use that work as inspiration for something new?
Timeliness! The Cornerstone of Any Copyright Claim
Understanding the difference between ownership and infringement claims in copyright is vital, and the recent case of Zahedi v. Miramax underscores this crucial distinction, serving as a warning to potential rights-holders regarding the timeliness of their claims.
NFTs Take Notice: Infrastructure Bill Imposes New Regulations on Crypto Transactions
The Infrastructure Investment and Jobs Act signed into law by President Biden on November 15, 2021, includes new provisions that may impact the future market for cryptocurrencies and NFTs.
Plaintiff’s Trademark Claims in Evel Knievel Case Crash and Burn
The District of Nevada issued its order in K and K Promotions, Inc. v. Walt Disney Studios Motion Pictures on September 23, 2021.
SCOTUS Narrows Scope of Computer Access that can Violate the CFAA
On June 3, 2021, the U.S. Supreme Court issued its long-awaited ruling in Van Buren v. United States, Case No. 19-783, resolving a circuit split over what it means to illegally “exceed authorized access” to a computer under the Computer Fraud and Abuse Act of 1986 (CFAA).
A Refresher on Venue in Patent Cases, and Some Considerations to Avoid Facing a Billion Dollar Patent Infringement Verdict in Texas by Challenging Venue from the Get-Go
The Eastern and Western Districts of Texas are the most popular forums for U.S. patent infringement lawsuits.
SCOTUS Narrows TCPA Application in Win for Class Action Defendants
On April 1, 2021, the U.S. Supreme Court issued its ruling in Facebook, Inc. v. Duguid, Case No. 19-511, delivering a big win to defendants in class action lawsuits brought under the Telephone Consumer Protection Act (TCPA)
Privacy Experts Express Concern as Google and Apple Support Development of Contact Tracing Apps to Help Combat the Current Health Crisis
Last week, Apple and Google released a new health API in a joint effort to aid efforts to control the spread of COVID-19.
What Companies Can Learn From TikTok’s Privacy Troubles with Tweens
Notwithstanding its negative effects on the world at large, COVID quarantine has been a boon to a growing group of entertainment-based apps and services.
Seventh Circuit Holds Violation of BIPA’s Informed Consent Regime Confers Article III Standing
On May 5, 2020, the Seventh Circuit Court of Appeals held that a violation of the informed consent requirements of Illinois’ Biometric Information Privacy Act (BIPA) is sufficient to confer Article III standing.
Don’t De-Prioritize Privacy During This Pandemic
Companies coping with COVID-19 are likely overwhelmed by the very real and very significant business impacts of this global pandemic, but that doesn’t mean they should de-prioritize privacy.
SCOTUS Resolves Circuit Split and Holds Trademark Plaintiffs Need Not Show Willfulness to Obtain Profits
On April 23, 2020, the Supreme Court of the United States ruled in a unanimous decision written by Justice Gorsuch that a plaintiff suing for trademark infringement need not show the defendant willfully infringed the plaintiff’s mark to obtain a profits award.