Category Archives: copyright

unauthorized photo use doesn’t create false advertising claim for photo owners

Posted on November 5, 2014 by rtushnet

Avalos v. IAC/Interactive Corp., No. 13-CV-8351 (S.D.N.Y. Oct. 30, 2014) Meltech, a web design and modeling company, sued defendants for allegedly unauthorized use of photos of models in fake online dating profiles on dating sites (e.g., Match.com, Chemistry.com, and OkCupid.com).  … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, preemption, right of publicity, standing, trademark | Leave a comment

Empirical IP Research Conference: copyright

Posted on October 25, 2014 by rtushnet

Effect of Copyright Infringement on Creative Incentives Facilitator: Chris Sprigman (NYU) Panelists: Joel Waldfogel (Minnesota Carlson School of Management) Topic: The strengths and limits of the natural experiment methodology to explore the effects of piracy on both industry output and … Continue reading →

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litigation grab bag includes another nail in IIC coffin

Posted on September 26, 2014 by rtushnet

EarthCam, Inc. v. OxBlue Corp., 2014 WL 4702200, No. 1:11–cv–02278 (N.D. Ga. Sept. 22, 2014) Mostly a trade secret case where EarthCam alleged that every scrap of information about it was a trade secret.  The parties compete in the market … Continue reading →

Posted in cfaa, copyright, http://schemas.google.com/blogger/2008/kind#post, trade secrets, trademark | Leave a comment

SCIPR: statistics and preview of next Term

Posted on September 12, 2014 by rtushnet

Supreme Court Analytics on the Past Term Professor Edward Lee, IIT Chicago-Kent College of Law Professor David Schwartz, IIT Chicago-Kent College of Law Small sample!  6 patent cases from Fed. Cir., 5 reversed and 1 affirmed; 2 reversals in © … Continue reading →

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SCIPR: Aereo

Posted on September 12, 2014 by rtushnet

ABC, Inc., v. Aereo, Inc. (Aereo’s Internet streaming of local TV broadcasts to individual subscribers is a public performance.) Moderator: Bart Lazar, Partner, Seyfarth Shaw LLP Panelists: David Frederick, Counsel to Aereo Inc.; Partner, Kellogg Huber Hansen PLLC: There’s a … Continue reading →

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SCIPR: Petrella v. MGM

Posted on September 12, 2014 by rtushnet

Petrella v. MGM (Can laches bar a copyright claim within the 3 year statute of limitations?) Moderator: Scott McBride, Shareholder, McAndrews Held & Malloy Ltd. Panelists: Paula Petrella, Petitioner and owner of rights to the screenplay (only individual plaintiff in … Continue reading →

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taking control: Honeywell TM, ad claims lose, (c) continue

Posted on September 2, 2014 by rtushnet

Honeywell International Inc. v. ICM Controls Corp., No. 11–569, 2014 WL 4248434 (D. Minn. Aug. 27, 2014) Honeywell sued ICM for patent infringement, copyright infringement, violation of the Lanham Act, and violation of state law.  (I will ignore the patent … Continue reading →

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Reading list: music copyright and similarity judgments

Posted on August 25, 2014 by rtushnet

Carys J. Craig & Guillaume Laroche, Out of Tune: Why Copyright Law Needs Music Lessons.  Well worth reading in full.  Here’s some choice bits: [Lucy Pollard-Gott] found that, as listeners became more familiar with a given theme and listened to … Continue reading →

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IPSC part 9: copyright plenary session

Posted on August 8, 2014 by rtushnet

Plenary Session Making Copyright Work for Creative Upstarts Sean Pager Imagine you’re a singer in a rock band, and hear your song used unauthorized for a car commercial. You call and they brush you off.  You can’t afford a lawyer, … Continue reading →

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IPSC part 8: second plenary: copyright reform/innovation policy

Posted on August 8, 2014 by rtushnet

Copyright Reform and the Academy Shira Perlmutter Chief Policy Officer & Director for International Affairs US Patent and Trademark Office (USPTO) We seem to be poised at the brink of very significant change.  Matching tech change, but policy evolution has … Continue reading →

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