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
Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits
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
The Impact of COVID-19 on U.S. Trademark Applications and Registrations
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
Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment in Right of Publicity and Trademark Suit
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
Copying Photographs Found Online and the Fair Use Defense
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
When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?
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
Street Art, Copyright Infringement, and De Minimis Use
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
Are APIs No Longer Safe To Use When Creating Mobile And Other Software Applications?
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
The Days of Patent Plaintiff Forum Shopping May be Over
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
Breach Of Contract Claims Allowed For Alleged Open Source License Violations
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