Currently viewing the tag: "intellectual property"

Who Rightfully Owns the Village People’s YMCA?

On February 23, 2015 By Victoria Roessler

The Village People are back in the spotlight, but not in costume this time. A trial has recently begun to determine the rightful songwriter behind twenty-four of the Village People’s biggest hits, including “YMCA” and “Macho Man.” In May 2012, Victor Willis, the original Village People singer-songwriter (or for those of your familiar with [...]

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Copyright law and popular music can sometimes appear to be strange bedfellows. The Founders were not likely to have intended this tension, given the fact that “promot[ing] the . . . useful Arts,” is followed by a phrase that limits the exclusive right to use, only “securing [it] for limited Times to Authors and Inventors.” [...]

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What to Expect After Teva v. Sandoz?

On February 18, 2015 By Emily Gabranski

Less than a month ago, the Supreme Court reversed the Federal Circuit’s en banc decision in Teva v. Sandoz, holding that the Court of Appeals must apply a “clear error” standard of review to all factual findings made in patent claim construction. The proper standard of review has been hotly debated for sometime, [...]

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After a series of cases holding software patents invalid in the wake of Alice v. CLS, the Federal Circuit, in DDR Holdings v., encountered a set of software patents that it held to meet subject matter eligibility requirements. The patents in question were directed toward both systems and methods of generating composite [...]

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After a startling revelation on the first day, the trial of Ross Ulbricht, the alleged Dread Pirate Roberts continues this week. On day one of the trial, Ulbricht’s defense attorney conceded that yes, Ross Ulbricht did indeed start the notorious Silk Road market.

Silk Road was intended to be, as portrayed by Ulbricht’s defense counsel, [...]

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On July 11, the Federal Circuit released its decision in Digitech v. Electronics for Imaging, the court’s first case involving the boundaries of patent eligible subject matter under Section 101 of the Patent Act in the wake of the Supreme Court’s decision in Alice Corp v. CLS Bank. The Federal Circuit applied the [...]

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A Scandal in the Public Domain

On November 11, 2014 By Doruk Onvural

Case closed, or so it appears, as the Supreme Court refused to grant cert to the Seventh Circuit’s holding that classic characters Sherlock Holmes and Dr. Watson are in the public domain.

Sir Arthur Conan Doyle published his first Sherlock Holmes story in 1886. Fans loved the character so much, the author couldn’t even [...]

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Faux Hershey Settles

On October 23, 2014 By Chastity Bobo

Hershey Company has settled the trademark infringement lawsuit it filed in June against TinctureBelle, LLC and TinctureBelle Marijuanka LLC, Colorado based marijuana-candy companies. Hershey claimed consumers would be confused by the similarities between marijuana-infused chocolate products and popular Hershey favorites. Other included claims were: trademark dilution, false designation of origin, unfair competition, and passing off.


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Disney Sued Over Frozen

On October 21, 2014 By Danielle Dudding

Isabella Tanikumi has filed a lawsuit against the Walt Disney Company claiming Disney’s Frozen is not an original work, but instead the storyline and characters were stolen from her memoirs.

For the few people in the world who have yet to be exposed to Frozen, it features the story of two princesses, Elsa and [...]

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The Supreme Court could have another opportunity to review an IP case decided by the U.S. Court of Appeals for the Federal Circuit.

Last week Google filed a petition for certiorari seeking to overturn the Federal Circuit’s decision in Oracle America v. Google, which found [...]

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