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Intellectual Property Litigation Alert

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

June 3, 2021 by Patrick Quinn

The Bottom Line In light of the Supreme Court’s decision in Google v. Oracle, it is clear that not all copying of copyrighted code will subject a developer to liability.The safest course for developers is to ensure that they have a license or are authorized to use API packages in accordance with Continue Reading

Alert - June 3, 2021

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

July 7, 2020 by Patrick Quinn

The Bottom Line As a result of the Supreme Court’s unanimous decision, a finding of willfulness is not a precondition that must be satisfied for a plaintiff to recover an infringer’s profits as a remedy for trademark infringement, although the infringer’s mental state remains a highly important Continue Reading

Alert - July 7, 2020

The Impact of COVID-19 on U.S. Trademark Applications and Registrations

April 2, 2020 by Patrick Quinn

The Bottom Line Although the USPTO may extend certain filing deadlines and payments by 30 days where the trademark owner can show that the COVID-19 outbreak interfered with timely filing or payment, trademark owners should continue to exercise best efforts to comply with all deadlines.Davis+Gilbert Continue Reading

Alert - April 2, 2020

Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment in Right of Publicity and Trademark Suit

August 1, 2019 by Megan O'Malley

The Bottom Line A celebrity’s most valuable asset is likely their name and likeness. As the Kardashian case illustrates, many celebrities are being targeted by third parties who use their names and images without their permission when promoting products or services. There are a number of steps Continue Reading

Alert - August 1, 2019

Copying Photographs Found Online and the Fair Use Defense

July 12, 2019 by Megan O'Malley

The Bottom Line Companies that find photographs, images, or social media posts online and seek to use these works in advertising or another commercial context, without obtaining the copyright owner’s permission, may subject themselves to copyright infringement claims, even if they crop the works Continue Reading

Alert - July 12, 2019

When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?

October 25, 2018 by Patrick Quinn

The Bottom Line Companies that use pre-existing photographs of buildings for reference in advertising or other materials may subject themselves to copyright infringement lawsuits. Even though there is generally no copyright protection for a building itself, there may be protection for a rendering Continue Reading

Alert - October 25, 2018

Street Art, Copyright Infringement, and De Minimis Use

September 4, 2018 by Patrick Quinn

The Bottom Line When considering using graffiti or street art as part of a commercial production, including in advertising, social media or other marketing efforts, the same considerations addressed when clearing the use of other copyrighted or trademarked materials should be taken into account. Continue Reading

Alert - September 4, 2018

Are APIs No Longer Safe To Use When Creating Mobile And Other Software Applications?

May 3, 2018 by Patrick Quinn

The Bottom Line Based on the decision of the Court of Appeals, software developers and programmers should understand that there is risk in using any copyrighted code, including API packages and code, without first obtaining authorization from the owner of the API or otherwise adhering strictly to Continue Reading

Alert - May 3, 2018

The Days of Patent Plaintiff Forum Shopping May be Over

May 23, 2017 by Catherine Nagle

The Bottom Line The Supreme Court’s decision in TC Heartland establishes that just having sold goods in the judicial district is now insufficient on its own to establish jurisdiction. Patent holders bringing suit must do so in either the judicial district where the defendant resides, or Continue Reading

Alert - May 23, 2017

Breach Of Contract Claims Allowed For Alleged Open Source License Violations

May 18, 2017 by Catherine Nagle

The Bottom Line A recent California decision allowed breach of contract claims for GPL violations in connection with the use of open source software. As the decision shows, reliance on arguments that the GPL is not a contract or that corresponding contract claims are preempted by copyright law may Continue Reading

Alert - May 18, 2017

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