Property, intangible

X Corp. v. Bright Data Ltd. is being reported in the press for an odd proposition, quoting this sentence: “X Corp. wants it both ways: to keep its safe harbors yet exercise a copyright owner’s right to exclude, wresting fees from those who wish to extract and copy X users’ content.”1 Um, no, which I’ll… Continue reading

I expect to see a lot of reports that the recent Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that Andy Warhol’s Prince series of 16 works, or at least the “Orange Prince” that was licensed to Condé Nast, is an infringement of Lynn Goldsmith’s photograph. In fact,… Continue reading

Does an exclusive agent for a photographer have standing to bring a copyright infringement suit on behalf of that photographer? The Ninth Circuit has said yes; the Northern District of Georgia says no. Plaintiff Creative Photographers, Inc. (“CPi”) represented non-party photographer Ruvén Afanador. The defendants are accused of infringing the copyright in one of his… Continue reading

As told in the complaint, plaintiff Gail Taylor nee Bridges started her concert photography career in high school, with some of her photographs published in a 1975 high school yearbook. By 1980, she had at least 1000 photos of the most famous artists and bands of the era. She stored the photos at her parents’… Continue reading

We’re all generalists for one thing or another. We have specialized knowledge in some field, but the practice of law isn’t so neat that everything you do falls within your core knowledge. Those who trade in contract work may cover many different types of deals and will necessarily rely on forms to take care of… Continue reading

I hadn’t paid a lot of attention to the furor over a proposed license change to the Dungeons & Dragons game by Wizards of the Coast until I read an article on Ars Techica. The original license, called the Open Game License Version 1.0a, is what I would call an open culture license, granting liberal… Continue reading

This is something that I probably shouldn’t have to blog about, but here we are. Plaintiff Palm Beach Concours LLC filed a complaint against defendant SuperCar Week, Inc. for: Count I, trademark infringement in violation of 15 U.S.C. § 1114 (infringement of a registered trademark); Count II for unfair competition in violation of 15 U.S.C.… Continue reading

I’ve been meaning to write about this case for a long time, and was finally inspired by the “Order Finding Defendants Entitled to Attorneys’ Fees,” entered after the case ended on a motion to dismiss, which tells you it went resoundingly badly for the plaintiff. Long-read warning. Since the case ended on a motion to… Continue reading

This might strike you as odd. An exclusive licensee of a copyright can sue the copyright owner for infringement, Essex Music, Inc. v. ABKCO Music & Recs., Inc., 743 F. Supp. 237, 241 (S.D.N.Y. 1990), and a exclusive licensee of a patent can sue the patent owner for infringement, Ortho Pharm. Corp. v. Genetics Inst.,… Continue reading

I asked ChatGPT to “please write a blog post about how to decide who owns a trademark.” Here goes: Deciding who owns a trademark can be a complex legal issue, and it’s important to consult with an experienced trademark attorney to ensure that your rights are protected. In general, the owner of a trademark is… Continue reading