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Category Archives: Litigation

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Copyright Disruption in the Cloud: Latest Appellate Court Decision in Aereo Case Widens U.S. Court Split Over Rights Required for Streaming Entertainment Content from the Cloud – One Step Closer to U.S. Supreme Court Showdown?

Posted in Cloud, Copyright, Litigation
The ongoing convergence of cloud-based products and services with the delivery and consumption of entertainment content continues to raise novel legal questions in the United States. As more and more businesses turn to the cloud, the scope and bounds of copyright law, in particular, continue to be impacted by new and disruptive offerings promising consumers… Continue Reading

Federal Judge Nixes Purported Distribution Deal for Acclaimed Film for Failure to Comply with Formalities

Posted in Copyright, Litigation
A recent Federal case involving an alleged agreement for exclusive rights to distribute an acclaimed film stands as a stark reminder of the need to fully comply with the formal requirements for transferring and assuming copyright ownership interests.  The suit was brought by The Weinstein Company, which sought to block the distribution of the film Precious,… Continue Reading

Did Facebook look before it leaped with its Usernames program?

Posted in Litigation, Social Media
Since Facebook launched its Facebook Usernames initiative in mid-June, over 6 million unique individuals have registered usernames for their personal profiles, and over 15,000 usernames have been registered for Facebook Pages as well, which are commonly used by businesses and other organizations. In many ways, the program looks like a proprietary domain name registration system.… Continue Reading

Licensing Rights in Jointly-Owned Copyrights-You Can’t Always Get What You Want

Posted in Copyright, Litigation
Joint ownership of copyrights is a tricky issue in any transaction. It is one confronted regularly in digital media deals where rights in the underlying content are often owned by more than one person and licenses are granted retroactively. Recent decisions in the Second and Ninth Circuit Court of Appeals have caused tremendous concern about… Continue Reading

Not All Zombies Are Created Equal: Owners of Rights to “Dawn of the Dead” Lose Copyright Suit Over Popular Video Game

Posted in Copyright, Gaming, Litigation
In a decision that shocked some in Hollywood, a California district court recently held that a popular video game did not infringe on the copyrights of a previously-released motion picture, even though, at first glance, the game and film contained strikingly similar characters, themes, and plot lines.  With video games becoming more “cinematic” in their… Continue Reading

Grounding the Patent “Rocket Docket”?

Posted in Intellectual Property, Litigation
Our colleagues in the HHR Patent group, Prices for propecia led by Peter Sullivan, recently filed an amicus brief on behalf of the American Intellectual Property Law Association to explain to the Fifth Circuit how the federal district court for the Eastern District of Texas was routinely misapplying the federal transfer statute, a trend that was having… Continue Reading