Copyright Claims Board: A New Stage for Copyright Infringement Claims
December 01, 2022
Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
December 01, 2022
Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft. Part Three concludes the series with a look at the potential consequences in approaching federal authorities on trade secrets theft.
Recent Trademark In Titles Cases Show 'High Bar' for Proving Public Was 'Explicitly Misled'
December 01, 2022
When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject
Can Consumer Products Be 'Expressive Works'?
December 01, 2022
In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.
New Decisions In Disputes Over Titles Reinforce 'High Bar' In Proving Public Was 'Explicitly Misled'
December 01, 2022
When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.
Upcoming Webinar
December 01, 2022
Join Board of Editors member Kyle-Beth Hilfer, Editor-in-Chief Howard Shire, Aaron Krowne and Wenew GC Christine Lawton for Counseling the NFT Client: A Practical Guide to Legal and Business Issues.
Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright
December 01, 2022
A federal judge in the U.S. District Court for the District of Connecticut sided with the family of a production company executive in finding that the wife of late Broadway lyricist Bob Merrill had no right, under §304(c) of the U.S. Copyright Act, to cancel a more than 50-year-old royalty agreement between the executive and Merrill.
Data Minimization Meets Defensible Disposition: Just Say No to ROT and Over-Retention of Personal Information
December 01, 2022
Like a good diet and regular exercise for the body, data minimization and routine, defensible purging of outmoded documents are essential to maintaining healthy organizational information hygiene.
Leaning on Trusted Partners to Drive Legal Tech Adoption and Avoid Failed Implementation
December 01, 2022
Turning to familiar, trusted partners to help navigate the unruly waters of change management, adoption and an ocean of new legal technology options.
MOST POPULAR STORIES
- How Secure Is the AI System Your Law Firm Is Using?In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.Read More ›
- Fifth Circuit Rejects Majority 'Independent Economic Value' Test for Infringement DamagesMost of the federal circuit courts that have addressed what qualifies either as a "compilation" or as a single creative work apply an "independent economic value" analysis that looks at the market worth of the single creation as of the time when an infringement occurs. But in a recent ruling of first impression, the Fifth Circuit rejected the "independent economic value" test in determining which individual sound recordings are eligible for their own statutory awards and which are part of compilation.Read More ›
- The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business AlliesPractical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.Read More ›
- AI Governance In PracticeRegardless of how a company proceeds with identifying AI governance challenges, and folds appropriate mitigation solution into a risk management framework, it is critical to begin with an AI governance program.Read More ›