» Other Intellectual Property

Is A Remastered Song A “New” Song?

Performance rights under the 1971 Sound Recordings Act (an amendment to the Copyright Act) are not protected, which means that radio broadcasters essentially pay no royalties to record labels, artists, and other rights holders for playing music throu… Read More
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A Trademark Fight Over Nearly Identical Names: Is There Confusion?

AllState Insurance Company (“Allstate”) recently filed a lawsuit against Kia Motors (“Kia”) for trademark infringement over the use of the two words “drive” and “wise.”  Both companies use the words as monikers for their products. … Read More
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Patents and Sovereign Immunity

Recently, Allergan PLC struck a licensing deal with the Saint Regis Mohawk Native American tribe in what appears to an attempt to shield its patents for its eye drug Restasis from review at the Patent Trial and Appeal Board (“PTAB”). This agreeme… Read More
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Delta Takes On Travel Websites

In May 2016, Delta Air Lines (“Delta”) filed a federal lawsuit, Delta v. Fly Tech LLC et al., against a number of associated travel websites (Triposaver.com, Triptkt.com, Flyairs.com, Webflyts.com, and Easyflightdeals.com) (the “Websites”) wi… Read More
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Controversial USPTO Fee Rule Gets Full Federal Circuit Rehearing

In 2013, the United States Patent and Trademark Office (“USPTO”) introduced a new rule requiring applicants who appeal a USPTO decision to a federal district court to pay the USPTO’s legal bills.  This means even if the applicant wins its appe… Read More
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Video Games, Tattoos, and Copyrights – A Unique and Unsurprising Lawsuit

Last year, Solid Oak Sketches LLC (“Solid Oak”) sued video game maker Take-Two Interactive (“Take-Two”) over the use of Solid Oak’s copyrighted tattoos on the bodies of various NBA players that appear in Take-Two’s popular “NBA 2K” vi… Read More
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Music Sampling Protection Under Fair Use Doctrine

Music sampling consists of taking a clip, portion or “sample” of a sound recording and reusing it in an entirely separate sound recording. Music sampling likely originates from the late 1960’s, but became much more prevalent in popular music du… Read More
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Did I Settle the Case Even Though I Didn’t Sign a Settlement Agreement?

In a patent infringement case filed in February 2016 in the Eastern District of Texas by Neurovision Medical Products, Inc. against Medtronic, Inc., the parties attended a mediation in December 2016 in an unsuccessful effort to settle the case. The p… Read More
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An Award of Exceptional Case Fees Under the Patent Act for an Appeal

On top of $2 million in attorneys’ fees and over $4 million in trebled damages, MGA Entertainment, Inc. (the maker of Bratz dolls) has to pay Innovention Toys LLC’s attorneys’ fees for appellate proceedings that went to the Federal Circuit Cour… Read More
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Copyright Law and Pre-1972 Sound Recordings: The Need for Legal Uniformity

Music and sound recordings are a major artistic medium that play a role in everyday life. We hear music in a number of different ways; on the radio for personal enjoyment, as theme songs for television programs and movies, during sporting events, as… Read More
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