On Monday the United States Supreme Court addressed a case of piracy about pirates. In a unanimous decision in Allen v. Cooper, the Supreme Court ruled that states have sovereign immunity against copyright infringement claims, based on both Court precedent and the language of the Copyright Remedy Clarification Act of 1990 (CRCA). The case
Litigation
Peloton Strikes Back at Music Publishers
By William W. Stroever on
In March, news broke that stationary bike maker Peloton Interactive had been slapped with a copyright infringement lawsuit seeking more than $150 million in damages (Downtown Music Publishing LLC, et al. v. Peloton Interactive, Inc., Case No. 1:19-cv-02426 (S.D.N.Y.). The lawsuit, filed by ten music publishers, claimed that “more than 1,000 musical works”…
Blurred Lines: You Could Decide The Next Big Music Copyright Case!
By David M. Kohane & David S. Gold on
Posted in Copyrights, Litigation
In 2015, a California jury decided that the mega-hit “Blurred Lines” by Pharrell Williams, Robin Thicke, and Clifford Harris (a/k/a “T.I.”) infringed the copyright in Marvin Gaye’s song, “Got To Give It Up.” The jury awarded Gaye’s heirs $7.4 million. Last week, a panel of the federal court of appeals in San Francisco affirmed the…
No More Laches Defense for Patent Infringement
By Michael C. Klauder on
Posted in Litigation, Patents
In what some perceive as a major shift from decades of precedent, the United States Supreme Court held last week that laches – unreasonable delay – is no longer a valid defense against a claim for patent infringement so long as the patent owner brings suit within the 6-year look-back limitation period prescribed in 35…
Anticipating an Answer to the Most Vexing Question in Copyright Law?
By Arianna Christopher on
Arguably one of the “most vexing” questions in all of copyright law will be answered this year. Or at least that is what many in the furniture and fashion industry are hoping.
The question is what test should be used to determine when a feature of a “useful article” is protectable under the copyright laws. …