THE TATTOO AND THE TEST: A CHALLENGE TO NINTH CIRCUIT COPYRIGHT INFRINGEMENT LAW and SECTION 8 GRACE PERIOD, IF NOT USED, DOESN’T EXTEND VIABILITY OF REGISTRATION

On Monday, July 27, we will consider the principal arguments in the pending 9th Circuit en banc rehearing of the Kat Von D copyright case. In addition, we’ll discuss a TTAB case that exposes a losing maintenance strategy for foreign owners of U.S. registrations based on Section 44(e) or Section 66. The plaintiff’s Petition for [...]

By |2026-07-27T05:25:51-07:00July 27th, 2026|Copyright, Infringement, Trademark, TTAB|0 Comments

Two Federal Circuit Reversals, One Lesson: Words Matter – From Patent Prosecution to Hypothetical Copyright Negotiations

Two Federal Circuit Reversals, One Lesson: Words Matter - From Patent Prosecution to Hypothetical Copyright Negotiations Two Federal Circuit decisions from this July share a common thread: courts won't let hindsight or selective memory rewrite the record. In 4DD Holdings, LLC v. US, No. 24-1996 (Fed. Cir. 2026), the court vacated a copyright damages award [...]

Copyright Cases: Rights Reservation does not Eliminate Standing for Licensed Rights and Fifth Time’s the Charm

Copyright Cases: Rights Reservation does not Eliminate Standing for Licensed Rights and Fifth Time's the Charm for Ricky Martin Great Bowery Inc. v. Consequence Sound LLC et al. (available here) Famed photographer Annie Leibovitz entered into an agreement with a licensing agency, Great Bowery, granting it the exclusive, worldwide right to "license, market, and promote" [...]

Two Recent Trademark Cases

Two Recent Trademark Cases The Supreme Court takes a trademark case: RiseandShine Corp. v. PepsiCo., Inc., No. 24-1016 (U.S. 2026) (granting Cert.). Is the strength of a trademark an issue of fact,, a jury issue, or an issue of law for the judge? The Second Circuit is the only appellate court to hold the issue [...]

By |2026-07-02T16:08:34-07:00July 2nd, 2026|Trademark|0 Comments

Two Recent Cases

Two Recent Cases Please join us Monday, June 22, 2026 at noon online or in Westlake Village when we will discuss two recent cases. In a patent case at the Federal Circuit, GoTV Streaming, LLC v. Netflix, Inc., No. 2024-1669 (Fed. Cir. Feb. 9, 2026)(Opinion by Judge Tarantino reversing Judge Klausner of the Central Dist [...]

Agentic AI in the Legal Profession

Agentic AI in the Legal Profession Everyone knows about AI in general these days. It is creeping speedily into all professions, but particularly those that deal with words. As it turns out, that includes lawyers, particularly those that draft long, rote, detailed documents that attempt (sometimes failing) to be consistent and fit a particular form. [...]

By |2026-06-04T08:29:55-07:00June 3rd, 2026|AI|0 Comments

Internet Tracking Technology and Privacy Law

Internet Tracking Technology and Privacy Law Please join us Monday, June 1, 2026, at noon, as we examine internet tracking-technology through the lens of privacy law. We will discuss Vishal Shah v. Capital One Fin. Corp., 768 F. Supp. 3d 1033 (N.D. Cal. 2025) and Stevens v. TD Bank, N.A., No. 24-8311 (RMB/AMD), 2025 LX [...]

By |2026-05-30T15:04:32-07:00May 30th, 2026|Consumer Data, CCPA/CPRA, Privacy, Right of Privacy|0 Comments

Podcasts and Personal Jurisdiction

Is it fair to be sued in a jurisdiction where your only contacts are a broadcast? I have been researching personal jurisdiction in Florida as it relates to a podcast. Here are some relevant cases about website: VOLT, LLC v. Volt Lighting Group LLC, 369 F. Supp. 3d 1241 - Dist. Court, MD Florida 2019 [...]

By |2026-08-09T18:02:05-07:00April 19th, 2026|Uncategorized|0 Comments
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