recent copyright infringement cases 2020

Cir. Copyrights are designed to protect “works of authorship,” generally referring to works of literature, music, and art that have been “tangibly expressed.” The US Copyright Office handles the distribution of this particular right. Corp., 977 F.3d 261 (3d Cir. The Ninth Circuit saw things differently. 2020 is going to be a banner year for copyright at the Supreme Court, that much is very clear. 2020);* the District Court for the Southern District of New York held that the First Amendment protects the use of Humvees in the acclaimed video game Call of Duty from claims of trademark infringement and dilution, and unfair competition in AM General LLC v. Activision Blizzard, Inc., 450 F. Supp. Depending on how the USPTO treats those applications, there may be even more litigation. Disney faces patent infringement lawsuit over Magic Band technology. Copyright Office regularly studies different copyright issues and … Megan Bannigan “Good writers borrow, great writers … The long and complex story of Amazon’s one-click patent. 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Twitter loses ownership of trademark on the word “tweet” to a subsidiary. More on these differences can be found in our article, Trademarks, Copyrights and Patents - What's the Difference? The Supreme Court has held that a product feature is functional if “it is essential to the use or purpose of the article or if it affects the cost or quality of the article.” Inwood Labs., Inc. v. Ives Labs., Inc., 456 U.S. 844, 850 n.10 (1982). Adjudication of IP law at the federal level was intended to promote innovation and ensure consistency across states.8IP cases include three types of civil cases: patent, copyright, and trademark. In April, the Ninth Circuit held that a squeaking dog toy resembling the iconic Jack Daniel’s whiskey bottle is an expressive work entitled to First Amendment protection. Copyright cases in the music industry are big news, in part because of hero-worship, in part because nostalgia for the past makes us angry when a new artist rips off an old beloved tune. By In re Forney Indus., Inc., 2018 WL 4348337, at *5 (T.T.A.B. ‘Salt Bae’ slapped with $5 mln copyright suit over artwork of chef Hurriyet Daily News. Since then things have only gotten worse for those using such a lawsuit to defend their own rights: After winning almost all but one case since 2008. When a fan planned to publish a Harry Potter lexicon, author J.K. Rowling sued for copyright infringement and won. & Jared Kagan Harper Lee had to sue her agent to retain the rights to the classic To Kill a Mockingbird. Fair use not found. Since the Forney decision, the ruling has begun popping up in briefs, but has yet to be addressed directly by any other court or the USPTO or TTAB. The case centers around the movie Raging Bull, which was based on works by Frank Petrella and Jake LaMotta, the film’s subject. The TTAB further held that a color mark cannot be inherently distinctive unless it is used in association with a peripheral shape or border. Famous recluse JD Salinger sued to stop the North American publication of an unauthorized sequel to his Catcher in the Rye. In the days before proper copyright lawsuits, the great scientist Isaac Newton was involved in a lifelong struggle with his colleague Gottfried Leibniz over the authorship of a book. Now the copyright claims are also out after the court found the mashup to be highly creative and … Eight Fascinating Tales of Infringement from the Literary World. § 1117 of the Lanham Act, which sets for the remedies for trademark infringement, provides that, subject to the principles of equity,” a successful plaintiff may recover the defendant’s profits, among other remedies. Entertainer Jay Z is being sued over his use of a hand gesture. Profit Sharing: Romag v. Fossil. Apple vs Google. 18-2110, 2020 WL 2375056 (2d. In an 8-1 ruling, the Court held that Booking.com, N.V. (“Booking.com”)—one of the world’s leading digital travel companies—could register as a trademark its eponymous domain name BOOKING.COM. 24, 2020), aff’d, 2020 WL 7064607 (5th Cir. From big Supreme Court cases over damages and generics to a long-running battle between Tiffany and Costco, here are the big trademark cases you need to watch in 2020. Internationally, renowned artist Jeff Koons in the process of creating an exhibit on the banality of everyday items, ran across Rodgers’ photograph and used it to cre… USPTO announces COVID fast-track appeals pilot program, Irell Welcomes Back Former USPTO Director Andrei Iancu, NUBURU Awarded Core Patent for Copper Welding with Blue Light in Key Industrial Applications, LexisNexis and Appdetex Form Alliance to Protect Global Brands in Europe from Brand Abuse in Digital Channels, Sens. ‘Salt Bae’ slapped with $5 mln copyright suit over artwork of chef - Hurriyet Daily News. , No. Patent-related litigation made up more than half of all lawsuits filed in America last year, a forty percent increase from three years before. On November 23, Ezaki Glico filed a petition for rehearing or rehearing en banc in which it argued that the panel’s opinion conflicts with the Supreme Court’s test for functionality. Because the partial chocolate covering on the Pocky stick made it useful to hold and eat the snack, the court found the design of Pocky sticks functional. After the Ninth Circuit denied Jack Daniel’s motion for rehearing or rehearing en banc, Jack Daniel’s filed a petition for certiorari in which it argued that the Ninth Circuit’s decision was “egregiously misguided.” The Lanham Act’s likelihood-of-confusion test and the parody defense under the TDRA already take free speech interests into account—enough, certainly, to deal with what the Jack Daniel’s petition called “poop humor.” Jack Daniel’s thus argued for the traditional artistic-works limitation on Rogers, and for a comparably narrow reading of the TDRA’s “noncommercial use” exclusion. Tex. Mar. The Court did emphasize in its opinion that willfulness, or a defendant’s intent more generally, will be a “highly important consideration in determining whether an award of profits is appropriate.”  While it remains to be seen whether lower courts at large will give a defendant’s intent a central role in making the equitable determination of when an award of profits is appropriate, at least two district courts have addressed the issue since Romag was decided. In Re Forney Indus., Inc., 955 F.3d 940 (Fed. at *6. 2020). Because survey and other evidence showed that consumers perceive BOOKING.COM as a brand name, not a generic term, the Court concluded that Booking.com was entitled to its registration. 7 Tennessee Sour Mash Whiskey” with “Old No. The losses reached trillions of rupiah due to low public awareness of the respect for intellectual property rights (IPR). Ezaki Glico v. Lotte Int’l Am. B&B Hardware Inc. v. Hargis Industries Inc. et al. Getting A Patent: Who Should be Named as An Inventor? They’re also handled by different government agencies and require different methods to claim them. The Estate of Randy Wolfe, the late-guitarist for the band Spirit, alleged copyright infringement. Ashutosh Dubey vs. Netflix Inc. and Ors., Delhi High Court, I.A. Painting/Drawing/Graphic; Photograph; Unpublished. On January 28, 2014, Stanford’s Program in Law, Science & Technology hosted the discussion, “Congratulations, you have an app – now what? 2d Cir. Judgement: After hearing the contentions of both the parties the Bombay High Court came to a conclusion finding Wynk to be guilty of direct infringement on two counts – 1. In the absence of clear statutory language, those circuit courts that held that willfulness was a prerequisite for an award of profits generally relied on the assertion that equity courts historically required a showing of willfulness before granting profits in trademark disputes. Fla. Dec. 29, 2020) 2020. is an associate in Debevoise & Plimpton’s Intellectual Property Group. Boise State University owns the exclusive right to use blue turf on a football field. If you need a break from all the serious legal stuff we’ve been looking at, check out these crazy claims and defenses for incidents of trademark abuse. The Supreme Court is consistently ruling against “patent trolls,” the scourge of the tech industry. You can also subscribe without commenting. (Not really.). (Newser) - A copyright infringement lawsuit involving Nicki Minaj and Tracy Chapman has seemingly been put to rest. For more information or to contact Megan, please visit her Firm Profile Page. They claimed that Led Zeppelin's "Stairway to Heaven" copied a musical motif from Spirit's "Taurus." In 2020, a number of court cases could change how you do business. Key Takeaway. Copyright Office Studies. 3754/2020 in CS(OS) 120/2020. When a competitor began to sell an identically shaped chocolate covered biscuit stick, Ezaki Glico sued for trademark infringement. ... over whether pre-1978 copyright cases should be restricted ... Music Modernization Act’s pre-2018 infringement … His practice includes litigation and counseling on trademark, false advertising, copyright, and defamation matters, and has litigated cases in both state and federal court, before the Trademark Trial and Appeal Board and before the National Advertising Division of the Better Business Bureau. Id. “Good writers borrow, great writers steal.” I don’t know who said that, but I just stole it. AI “inventor” In 2019, the Israeli company FlashPoint IP Ltd. filed a U.S. patent application naming a … Top Copyright Law Cases of 2020. If you love books, you’ll love these stories of literary intrigue and backstabbing. The district court held that the toy was not an expressive work, and therefore not entitled to First Amendment protection. The court held there was no need to balance free speech interests against trademark interests. The Hollies vs Radiohead. However, that’s far from the only big copyright ruling on the horizon. IPNews® – The copyright infringement case involving the Star Trek and Dr. Seuss mashup Oh, the Places You’ll Boldly Go! Trademark law is entering the new decade hot. The Court’s decision will likely have a significant impact on the availability of damages for trademark infringement. In the most recent case, Twitch has suggested that its users go through their content and remove anything that could be potentially infringing on copyright. In the month since the Blurred Lines verdict, this case has been settled. In its recent judgment ( Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535), the Federal Court of Australia has found that an American electronic musical duo copied the celebrated Australian disco song ‘Love Is In The Air’. 2020). George Harrison was forced to pay more than $500,000 in a copyright case involving “My Sweet Lord.”. Andy Warhol Found. Although the Lanham Act requires willfulness as a prerequisite for any award of profits or damages for a trademark dilution plaintiff, the statute sets out no such explicit mens rea requirement for a trademark infringement plaintiff. Posted on October 20, 2020 December 10, 2020 by foxip The number of copyright infringement in Indonesia is still very high. With so-called patent troll lawsuits on the rise in a big way, I thought it’d be a good time to highlight the interesting, funny, and little-known side of American patent, trademark, and copyright law. For the past 15 years, the high court has mostly avoided substantively important issues of trademark law. You can learn more about Xavier here. The Court explained that the USPTO’s proposed per se rule found no support in trademark law or policy, and noted that even the USPTO’s past practice did not embrace such a rule, pointing to examples of registered trademarks such as ART.COM for online retail stores offering art, and DATING.COM for dating services. ; and the District Court for the Western District of Texas refused to grant a “Brizzy” hard seltzer brand a preliminary injunction against Molson Coors over a competing “Vizzy” product because both names were based on the common descriptive term fizzy in Future Proof Brands, LLC v. Molson Coors Beverage, 2020 WL 3578327 (W.D. Read the cases below (in full this time, not just for the pictures) and decide for yourself whether the applicant has a legitimate argument. Section 35 (15 U.S.C. Since 2012, Mr. Kagan has been a member of the Trademarks and Unfair Competition Committee of the New York City Bar Association. has come to a conclusion on summary judgment. The author of The Da Vinci Code was accused of copyright infringement for “non-literal” copying. The U.S. … As I’m writing this list, Microsoft and Google are duking it out over a potentially serious patent issue. Ray Parker, Jr. also settled out of court, this time for plagiarizing Huey Lewis & the News while writing the Ghostbusters theme song. Avril Lavgine settled out of court after accusations of plagiarism. Read our privacy policy for more information.Accept and Close, Do It Yourself Provisional Patent Drafting, IPWatchdog CON2021: September 12-15, 2021, IPWatchdog PTAB Masters 2021 – Winning at the PTAB, Key Issues in Cross-Border Trade Secret Protection and Litigation, Innovation Ecosystem: A Healthy Innovation Ecosystem, Scrapping Over Scraping: U.S. and UK Perspectives on Data Litigation. Converse (multiple lawsuits against multiple companies). Apple is forced to pay more than $500 million in a patent dispute over iTunes software. The “Bad Spaniels Silly Squeaker” at issue replaces “Jack Daniel’s” with “Bad Spaniels.” It also replaces “Old No. However, she waited until 2009 to file a lawsuit over the film’s continued distribution, alleging that MGM… The Court rejected the U.S. Patent and Trademark Office’s (USPTO) proposed per se rule that a generic term, when combined with the .com top level domain, must automatically be deemed generic and is therefore ineligible for trademark protection. There are currently 1 Comment comments. Though it appears the US Supreme Court is finally stepping in to put an end to the most aggregious patent troll cases, infringement issues have always been and will continue to be an issue in the fields of science, business, industry, and the arts. But over the past few weeks, The Walt Disney Company, producers of films including the Star Wars and Marvel franchises, and Tom Brady, five-time Super Bowl champion for the NFL’s New England Patriots, have each landed in the press over lawsuits involving copyright infringement. This year saw its fair share of high profile trademark cases: the Second Circuit vacated Tiffany & Co.’s $25 million summary judgment win against Costco Wholesale Corp. in a dispute over Costco’s use of the word “Tiffany” to identify a specific type of six-prong diamond ring setting in Tiffany and Co. v. Costco Wholesale Corp., 971 F.3d 74 (2d Cir. Now, their complaint has made it to court. The following twelve cases are among the most instrumental in developing our modern practice of determining ownership. John Waters took on Nickelodeon in a truly smelly case over a children’s cartoon. John Lennon was forced to record three Chuck Berry songs to settle a copyright suit against him. Outcome. KFC tried to claim ownership of the phrase “Family Feast.”. Court finds ‘flagrant’ copyright infringement of ‘Love is in the Air’. In United States Patent and Trademark Office v. Booking.com B.V., 140 S. Ct. 2298 (2020),* the Supreme Court addressed the novel question of whether the addition by an online business of a generic top-level domain (“.com”) to an otherwise generic term can create a protectable trademark. The US Patent and Trademark Office distributes these rights in exchange for public display of the invention. VIP Prods. 26, 2021) 2021. Thirteen years later, the Court adopted a test for aesthetic functionality, holding that a product’s features are functional if “exclusive use of the feature would put competitors at a significant non-reputation related disadvantage.” Qualitex Co. v. Jacobson Prods. Not only is there a high amount of overlap between development across all markets, but often the item up for ownership is too abstract or complex for laypeople to understand. In particular, it contended that the Ninth Circuit correctly held that Rogers applies to the facts at issue and remanded the case to the district court for application of that standard. The Turtles take on SiriusXM over pre-1972 records. T-Mobile seeks (and wins) action against anyone who dares use the color magenta. Oprah Winfrey beat a $100 million claim against her made by a man who says she plagiarized lines from his book on her talk show. Sarah Palin’s attempt to trademark her name fails (temporarily) because she forgot to sign her name. Since Booking.com was decided, applications for hundreds of generic.com trademarks have been filed with the USPTO. The Court explained that whether BOOKING.com is generic “turns on whether that term, taken as a whole, signifies to consumers the class of online hotel-reservation services.” Because consumers do not perceive the term in that manner—as the lower court found based on the evidence presented—it is not a generic term, and that resolves the case. Under this deterrence rationale, the court considered the defendant’s intent, noting that the defendant “sought to obfuscate the facts and explain away its conduct.”, In Vitamins Online, Inc. v. HeartWise, Inc., 2020 WL 6581050 (D. Utah Nov. 10, 2020), the court considered a number of factors, including the defendant’s intent, in ordering disgorgement in a false advertising claim under the Lanham Act. For more information or to contact Jared, please visit his Firm Profile Page. Dec. 3, 2020). Apple Inc. v. Corellium, LLC, Case No. Game design firm Edge owns every conceivable use of the word “edge” in video game titles. See how many of these famous music copyright infringement cases you remember. Notably, the USPTO examiners (and the courts) never before had to confront the question of what characteristics would make a color mark inherently distinctive, and the Forney opinion offered only the most general guidance, pointing to the Federal Circuit’s holdings about inherent distinctiveness in the context of word and image marks. In practice, applicants today may seek to register multi-color product packaging marks at the USPTO by arguing that they are inherently distinctive. Artist John T. Unger very nearly lost the right to sell his own art. Under that test, in order to prevail on a claim of trademark infringement against an artistic work, a plaintiff must show that the defendant’s use of the mark either (1) is not artistically relevant to the underlying work or (2) explicitly misleads consumers as to the source or content of the work. The articles published express the personal opinion and views of the author as of the time of publication and should not be attributed to the author’s employer, clients or the sponsors of IPWatchdog.com. Patents are limited-duration rights related to an invention. IPW Webinar – Exploring the Continuum between Human- and AI-Generated Inventions: How Should Patents and Ownership be Allocated? Rather, the Court held, whether a term is generic or is a protectible trademark must be determined by reference to consumers’ perception. The U.S. Patents, trademarks, and copyrights are three distinct legal tools used to claim ownership in different ways. Google LLC v. Oracle America Inc.: An epic battle between two of the world’s biggest tech companies may have a significant impact on how software is … 9:19-cv-81160-RS (S.D. May 12, 2020), the Court found, among other things, that monetary damages in a copyright infringement suit are limited to those incurred in the three years preceding the commencement of suit. Clint Eastwood took on a tiny furniture company to protect his global brand and name recognition. Calling into question decades of precedent holding that color trademarks are protectable only if they have acquired distinctiveness, the Federal Circuit held that at least one specific class of color marks—namely, multi-color marks used on product packaging—may be inherently distinctive and therefore registrable without proof of acquired distinctiveness. Corp., 977 F.3d 261 (3d Cir. Stanford University Libraries. In 1989, Ezaki Glico, a Japanese confectionery company, successfully registered the design of its chocolate covered biscuit sticks with the United States Patent and Trademark Office as a trademark. I’ve heard people misuse these three words for too long, so I thought I’d clear it up. Fossil, Inc. responds that “principles of equity” always require a showing of willful infringement, including with respect to § 1125(a). Rapper Awarded $2.7M In Katy Perry Copyright Infringement Case. Oral argument in the Romag case is scheduled for January 14, 2020. You'll Speak directly with our founding attorney, office: 1-866-618-2517 fax: 1-866-639-4889. Paris Hilton successfully sues Hallmark for infringing on her “That’s hot” trademark. The case also was notable for being the first in U.S. Supreme Court history to be argued telephonically (due to the COVID-19 pandemic) and for being the last opinion written by Justice Ginsburg. Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. When Petrella died his rights to the work went to his daughter, Paula Petrella, who learned of it in 1990. LOS ANGELES (CBSLA) — Christian rapper Marcus Gray, known as Flame, was awarded $2.7 million in damages Thursday by a … Get the trademark protection you need for your business name, logo, or slogan. Random House settled a class action lawsuit on behalf of readers of James Frey’s A Million Little Pieces after it was discovered he’d made up most of the supposed biography. 3d 467 (S.D.N.Y. Tags:Guest Contributor, intellectual property, Romag Fasteners v. Fossil Inc., SCOTUS, trademark, trademarks, US Supreme Court, USPTO, USPTO v. Booking.com, Posted In:Circuit Courts of Appeal, Courts, Guest Contributors, Holiday Posts, IPWatchdog Articles, Litigation, Trademark, US Supreme Court. Join the discussion. The case involved Pocky snacks, which are long, thin biscuit stick that are partially covered in chocolate. Kathryn Stockett, author of The Help, was sued unsuccessfully by her brother’s maid for allegedly stealing details of the maid’s real life to create the book’s main character. for the Visual Arts, Inc. v. Goldsmith, 19-2420-cv (2d Cir. Graver Tank & Manufacturing Co. v. Linde Air Products Co., 1950, Aro Manufacturing Co. v. Convertible Top Replacement Co., 1961, Alice Corp. v. CLS Bank International, 2014. The case involved Pocky snacks, which are long, thin biscuit stick that are partially covered in chocolate. A group of trademark law professors also filed an amicus brief in opposition to the petition, in which they argued that this case is the “wrong vehicle” to address the Rogers framework and whether it needs further development to make it fully compatible with commercial speech because “VIP’s speech is inseparable from the medium in which it conveys that speech.”. Though we love to laugh at stories like these, they involve serious matters of ownership law. Cir. See how this has affected patent law in the following nine examples. Anniyan producers raise copyright issue for its Hindi adaptation, Shankar dismisses the claim Filmfare. Tom Petty was given songwriting credit for a tune he had nothing to do with, and you’ll be glad he was. This lawsuit primarily dealt with the issue of defamation, allegedly caused due to certain derogatory remarks made by the protagonist in a web-series known as “Hasmukh”. A number of amici weighed in to urge the Court to grant Jack Daniel’s petition. Singer Lady Gaga is very protective of her brand, as the creator of Baby Gaga ice cream found out. High tech businesses present special problems for trademark and patent offices. American patent, trademark, and copyright law is a dense and complex blend of codes and traditions that go back hundreds of years. After all, there … LLC v. Jack Daniel’s Prop., Inc., 953 F.3d 1170 (9th Cir. Patents are rights granted to the inventors of new processes, machines, and/or products as codified in the 1952 Patent Act (Title 35 §§ 1-390). Rather, whether the toy was infringing or diluting should be decided by applying traditional trademark law principles. 2020). The Ninth Circuit also reversed the district court’s finding of dilution by tarnishment—holding that because the toy was an expressive work, it fell under the “noncommercial use” exception of the Trademark Dilution Revision Act (TDRA). Nintendo paid a fine of $30 million for allegedly stealing crucial pieces of its 3D tech. The Court recognized that adoption of the USPTO’s proposed rule would have “open[ed] the door to cancellation of scores of currently registered marks.”.

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