The debate over what separates inspiration from copying is as old as art itself. Creative professionals of all kinds are constantly taking themes and elements from others’ works to use them in their own creations. But when do they cross the line from borrowing themes and elements to outright copying…
The family of Marvin Gaye rocked the music world in 2015 when they sued Robin Thicke and Pharrell Williams for copying elements of Gaye’s hit, “Got to Give It Up,” in their own hit, “Blurred Lines.” Up until the jury sided with Gaye’s family, most musicians had assumed the musical…
In a complicated trade secret misappropriation case involving an evolving cast of characters, United States First Circuit Court of Appeals affirmed the dismissal of trade secret misappropriation claims between former drug development partners. However, the First Circuit found that the district court abused its discretion by denying the plaintiff’s motion…
In a recent decision, the Supreme Court held that a copyright applicant’s inadvertent mistake of law in a copyright registration application does not invalidate the application or corresponding registration. In so holding, the Court erased an earlier victory for fashion retailer H&M in a long running copyright dispute with fabric…
At the request of Congress, the Copyright Office recently agreed to undertake a public study to evaluate the effectiveness of current copyright protections for publishers in the United States, with a particular focus on press publishers. The Copyright Office issued a Notice of Inquiry seeking public comment on a variety…
You may or may not have heard of Shein, the fast-fashion company out of China providing its customers with the highest fashions for the lowest prices, but if you haven’t heard of it yet, chances are good you’ll be hearing about it very soon. While Shein might not exactly be…
A recent decision in the case of Huffman v. Activision, a case we previously covered here, has created a split among federal courts on the issue of who gets to decide the issue of disgorgement of profits in copyright infringement cases. The court in Huffman ruled that a jury is…
On April 5, 2021, the United States Supreme Court issued its much-anticipated decision in the long-running case of Google v. Oracle, a case that we have been following for nearly five years. In its long awaited decision, the Court held that Google’s copying of the “declaring code” from the application…
“March Madness” is a popular term used to refer to the basketball tournament run by the National College Athletic Association (N.C.A.A.) every year in March, but it’s not an accident that everyone thinks of college basketball when they think of March Madness. It’s the result of the N.C.A.A. having trademarked…
Recently a federal judge in the Eastern District of Texas ruled that copyright infringement claims filed by retired professional wrestler Booker T. Huffman (known as Booker T) against Activision, the developer of the Call of Duty video games, should proceed to trial. The infringement claims revolve around alleged similarities between…