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August 04, 2023 | Law.com

Maine Artist's Single Claim of Copyright Complaint Against eBay Survives Motion to Dismiss

"Although the current record establishes that eBay has a § 512(c) policy (on paper) and that eBay did remove content that infringed Ms. Okolita's copyright(s), I am not persuaded that a review of Ms. Okolita's FAC and its attachments makes it obvious that eBay is sheltered by the safe harbor," stated U.S. District Court Judge Lance E. Walker.
7 minute read
February 15, 2023 | New York Law Journal

The Mysteries of NFT Ownership … Explained

As investment in NFTs has grown, so has the confusion and the questions surrounding what is really included in a purchase, writes contributor Katherine B. Forrest.
9 minute read
May 31, 2022 | National Law Journal

As Tech Giants Push for IP Reform, Plaintiffs Firms See New Momentum for Litigation

Historically hard-pressed to afford lengthy battles with Big Tech, smaller companies—and plaintiffs firms—are seeing glimmers of hope through litigation funding and friendlier juries.
6 minute read
May 24, 2022 | The Legal Intelligencer

IP and Brand Protection: Online Enforcement in the Digital Age

I have looked at the procedures put in place by the leading online retailers like Amazon, eBay, Rakuten, Samsung, AliBaba and Apple to explore how they are addressing the infringement complaints from IP rights holders.
6 minute read
November 08, 2021 | Litigation Daily

Daralyn Durie, Who Just Won Her Third Trial in Five Months, Ponders the Benefits of Being Busy

"Often in the lead-up to trial it's easy to get buried in details that are ultimately not going to matter to the jury," Durie said. "It was helpful to come back at it with a mentality of starting at 30,000 feet and asking 'What is the jury going to make of this?'"
10 minute read
Law Journal Press | Digital Book America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition Authors: Mary Anthony Merchant View this Book

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May 24, 2021 | Texas Lawyer

The Competition Problem: How to Quickly Protect Intellectual Property for Consumer Products

Because of the speed of competition with consumer products, intellectual property assets need to be protected earlier in the product life cycle for maximum protection.
7 minute read
December 23, 2020 | National Law Journal

Trademark Modernization Act a Game Changer, Ex-PTO Leader Says

Tucked into the coronavirus relief package, the measure will create powerful and inexpensive tools for clearing fraudulent marks from the PTO register, says Haynes and Boone partner Joseph Matal.
4 minute read
September 19, 2019 | New York Law Journal

Andy Warhol's 'Prince Series' Works Held To Make Fair Use of Prince Photograph

On July 1, 2019, the U.S. District Court Judge John Koetl for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of the rock star Prince taken by Lynn Goldsmith constituted a transformative and fair use. In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decision, which will be appealed to the Second Circuit.
9 minute read
August 23, 2019 | New York Law Journal

Intellectual Property and the Fashion Resale Market: Drawing the Line Between Rights Holders and Resellers

Recent lawsuits demonstrate efforts of fashion brands to enforce their rights against popular reseller outlets and highlight the intellectual property rights involved.
8 minute read
April 30, 2019 | Law.com

Skilled in the Art: Supreme Court Calls on the Other SG + Quinn Scores Big Win in Hair Product Battle While Trying to Fend Off DQ Motion in Soccer Case

How often does the Supreme Court issue CVSGs twice in the same case? And does the SG ever change its mind? Twitter is rich with answers.
8 minute read

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