Tag Archives: Intellectual Property

Court Rejects Dirt.com’s Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit



A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can handle similar situations in a post-Warhol world on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions



Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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How to Avoid Bearing The Risks of A Naked License



In Blue Mountain Holdings v. Bliss Nutraceuticals, the 11th Circuit upheld a U.S. District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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A Prototypical Corporate Salesperson is Not Patentable



The Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company after applying the two-step Alice test. Scott Hervey and Audrey Millemann talk about this decision on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights



The rise of deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

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Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble



In the case of Brandy Melville v Redbubble, a three judge appellate panel explored whether an owner of an online market place is liable for contributory trademark infringement. Scott Hervey and Jamie Lincenberg discuss this on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Zillow Loses Second Round of Copyright Fight



The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel, here.

 

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Is Warhol Bad for Documentarians?



There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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The Supreme Court Limits the Reach of The Lanham Act



The U.S. Supreme Court recently decided that trademark infringement claims under the Lanham Act only apply if the infringing “use in commerce” occurs in the United States. Scott Hervey and Tara Sattler talk about this case on this installment of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

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Netflix Settles Defamation Dispute with Docu Film Subjects



The subjects of a documentary have dropped their long-standing defamation lawsuit against Netflix and producers. Scott Hervey and Jamie Lincenberg talk about this case on this episode of The Briefing by the IP Law Blog.

Watch this episode on the Weintraub YouTube channel here.

 

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