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IP Litigation

NY Federal Court Says “Neigh” to Plaintiff’s Copyright Claim Against Megan Thee Stallion

July 17, 2024 by Catherine Nagle

The Bottom Line The well-known rapper, musician and songwriter Megan Thee Stallion recently saddled up and successfully defeated a copyright infringement suit over her 2020 hit Savage. After taking the opportunity to amend his complaint, plaintiff James Greene, a musician and producer Continue Reading

Alert - July 17, 2024

Ed Sheeran’s Copyright Victory: A Win for Songwriters?

August 4, 2023 by Catherine Nagle

The Bottom Line The Sheeran trial was a win for an individual songwriter, but the long road to victory underscores how difficult it can be for an artist to defeat a copyright claim based on similarities arising from the use of commonplace musical “building blocks.”Music producers and composers Continue Reading

Alert - August 4, 2023

Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court

July 25, 2023 by Catherine Nagle

The Bottom Line The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody.While the decision leaves intact existing legal protections for the Continue Reading

Alert - July 25, 2023

The Training Wheels are Off: The Copyright Implications of Training Generative AI

March 1, 2023 by Patrick Quinn

The Bottom Line Two pending lawsuits are among the recently filed cases that will test how copyright law will be applied to AI.Given the novelty and rapidly evolving nature of GAI, individual creators and companies using GAI need to tread carefully to avoid claims of infringement and to protect Continue Reading

Alert - March 1, 2023

Intellectual Property Magazine | American Graffiti

September 19, 2019 by Catherine Nagle

Not everyone realizes that, like any art form that is “fixed in a tangible medium of expression”, original street art may be protected from unauthorized use under the US Copyright Act. For that reason, anyone considering using street art in commercial content must carefully evaluate whether a Continue Reading

Publication - September 19, 2019

Thomson Reuters Practical Law | Trademark Laws: New York

August 26, 2019 by Catherine Nagle

A Q&A guide to New York laws protecting trademarks. This Q&A addresses state laws governing trademark registration, infringement, dilution, counterfeiting, unfair competition, and deceptive trade practices. Answers to questions can be compared across a number of jurisdictions (see Trademark Continue Reading

FAQ, Publication - August 26, 2019

Bright Ideas Journal | ReDigi and the Application of the First Sale Doctrine to Digital Works

May 29, 2019 by Catherine Nagle

The First Sale Doctrine, codified in section 109(a) of the Copyright Act, generally permits the owner of a lawfully made “copy” or “phonorecord” containing a copyrighted work to resell the copy or phonorecord without violating the copyright holder’s distribution right. For example, if someone Continue Reading

Publication - May 29, 2019

Practical Law: The Journal | Trademark Laws: New York

January 16, 2018 by Catherine Nagle

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Publication - January 16, 2018

Intellectual Property Magazine | Trouble in Patent Troll Paradise?

August 31, 2017 by Catherine Nagle

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Publication - August 31, 2017

$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies

February 23, 2017 by Catherine Nagle

The Bottom Line Companies developing – or seeking to acquire – new technology must take every precaution to limit their risks before litigation is on the horizon. The full extent and scope of those risks is often not clear without careful analysis. Working with counsel every step of the way can Continue Reading

Alert - February 23, 2017

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