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.
What Companies Should Know About Illinois’ Biometric Information Privacy Act (BIPA)
Throughout 2019 and continuing into 2020, courts have seen an increase in litigation relating to biometric data privacy, including in particular lawsuits asserting claims under Illinois’ Biometric Information Privacy Act (BIPA).
CCPA Alert: Thousands of companies have missed this important CCPA deadline; Has yours?
You’ve probably heard of California’s new privacy law, the California Consumer Privacy Act of 2018, but you may not know that an important deadline in its implementation has already passed.
Updated: Why should video game companies register copyrights in their video games?
Game companies frequently do not make a habit of filing copyright applications when they publish a new game.
SCOTUS Rules That Copyright Owners Cannot Sue Without a Registration
On March 4, 2019 the Supreme Court unanimously ruled that copyright infringement suits cannot be filed until after the Copyright Office registers a copyright.
The CVAA: Video Game Chat Now Must Be Accessible To People With Disabilities
Video games that allow players to communicate by text, voice, or video are now subject to a U.S. law enacted nine years ago that requires communication services to be accessible to people with disabilities.
How do I start a cybersecurity plan for my business?
Cybersecurity incidents are constantly in the news. Every business wants to protect the confidentiality, integrity and availability of its data.
WHITE PAPER: Key Considerations for Foreign Companies Facing U.S. Litigation
Lawsuits are daunting and disruptive for any business, and can be more so for a foreign company sued in the United States
Federal Circuit Delivers Another Blow to Patent Plaintiffs by Narrowly Defining Patent Venue Statute
On September 21, 2017, the Federal Circuit Court of Appeals rejected the test recently adopted by Judge Gilstrap of the Eastern District of Texas to determine whether a district is an appropriate venue for patent cases following the Supreme Court’s TC Heartland decision.