The Southern District of New York recently issued an opinion that held the Internet Archive, an organization whose professed mission is to provide universal access to all knowledge, infringed plaintiffs’ copyrights when it scanned print copies of books and offered free digital copies to users of its website without the copyright owners’ permission. » Read More

For a long time, courts were divided over the importance of securing copyright registration prior to bringing an action claiming that a party infringed (that is, trespassed upon) the owner’s copyright in a creative work (film, tv program, literary work, art, etc.).  » Read More

Last month, the United States Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that only human beings may qualify as inventors of patentable inventions. See Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022). In the case at issue, computer scientist Stephen Thaler developed an artificial intelligence system for which he coined the name “DABUS” (“Device for Autonomous Bootstrapping of Unified Science”), and which is the “creativity machine” named as the sole inventor on patent applications for a food container and a light beacon. » Read More

“It seems our diamond requires a closer inspection,” famously says the fictional character Lady Whistledown of Regency-era London’s most beautiful debutante in Bridgerton (Season One). Bridgerton, for the uninitiated, is the Netflix hit series based on historical romance novels by Julia Quinn. » Read More

For almost 30 years, Mariah Carey’s “All I Want for Christmas is You” has been a reliable, though often derided, part of the holiday season, playing frequently on television and radio, and in stores and restaurants. Last year, her company, Lotion, LLC, filed applications to register CHRISTMAS PRINCESS, QUEEN OF CHRISTMAS, and QOC (the initials of “Queen of Christmas”) in connection with not only sound recordings and entertainment services, but also fragrances, jewelry, apparel, glassware, and food products. » Read More

Internet memes spread like wildfire online and capture the core essences of Internet culture. “Meme” is a broad term that generally includes any image, video, text, or other online content that is usually humorous or light-hearted and shared with slight modifications. » Read More

Is all press good press? Not for Brooklyn-based skincare company Beauty Concepts using its SKNN+ mark. None other than Kim Kardashian is the subject of another contentious conversation. With the recent launch of her skincare brand SKKN By Kim, came criticism accusing Kardashian of stealing ‘SKKN’ name from black-owned beauty brands. » Read More

As we all know, social media has taken the world by storm. Unsurprisingly, it’s had an impact on trademark and copyright law, as the related right of publicity. A recent case involving an actor’s voice being used on the popular app TikTok is emblematic of the time. » Read More

The Supreme Court’s imminent decision in the Warhol matter will determine whether a series of Andy Warhol prints created from a Lynn Smith photograph of music legend Prince infringes Smith’s copyright.  The Court will either provide valuable guidance, or further confuse the analysis, of fair use under the Copyright Act. » Read More

Chain of title in intangible rights? Yes, you heard it here first. Chain of title is just as applicable to trademarks and copyrights as to real property (such as a home or plot of land). Accordingly, buyers and sellers, as well as licensors and licensees, of the rights encompassed by trademarks or copyrights must ensure the chain of title establishes they are dealing with the “right” party. This » Read More