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Entries tagged “Copyright”

Rimon Partner Mark Lee’s article “The past through tomorrow: How would proposed amendments to DMCA change the online economy?” published in the Daily Journal

Insight Mark S. Lee Mark S. Lee · June 03, 2020
A recent report by the Copyright Office includes a series of recommendations on how to reallocate rights and risks in ways some stakeholders like and others do not. Information wants to be free, but intellectual property wants to be protected. The tension between these technological and legal truisms is at the core of the compromises embedded in

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Rimon Partner Mark Lee’s article “The European Union’s New Copyright Directive” published in the Daily Journal

Insight Mark S. Lee Mark S. Lee · March 01, 2019
Information wants to be free, but intellectual property wants to be protected. The tension between this durable cliché and fundamental principle has informed much of the political and legal debate surrounding the commercial rise of the internet over the past 25 years. This debate is presently centered in Europe, where the European Union

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Copyright Act of 1976 Allows Creators to Revoke Copyright Assignments and Again Take Ownership

Insight September 13, 2013

A writer (and performer) of the famous "YMCA" song has rocked the music industry by successfully reclaiming the copyrights in many of his works using little known provisions of the Copyright Act of 1976. These provisions allow creators to revoke copyright assignments and again take ownership of their works 35 years after assignment.

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Apple’s Continued Attempts to Trademark “App Store” may Fall Short

Insight July 08, 2011

Earlier this year in March, Amazon launched the Amazon Appstore, which was then a new avenue for buying Android apps.  Almost immediately after the launch, Apple proceeded to file a trademark infringement suit against Amazon over the usage of the “Appstore” phrase.  The case is contingent upon whether “app store” can be deemed a generic term that simply describes any app marketplace, as opposed to one of Apple’s trademarks – a unique, company-specific element that identifies the company’s brand and distinguishes its products and services from that of other companies.

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Ninth Circuit Broadens Definition of “Copyright Registration” for Litigation Purposes

Insight June 02, 2010

In order to initiate an infringement action in federal court, the Copyright Act requires the litigating party to hold a copyright registration. While the circuits are split on what constitutes a copyright registration, the Ninth Circuit recently joined the Fifth and Seventh Circuits in Cosmetic Ideas v. IAC in holding that anapplication for copyright registration suffices for a registration for litigation purposes.

In this case, Cosmetic Ideas developed, manufactured, and sold a unique piece of costume jewelry starting in 1999. Sometime thereafter, another company, HSN, started manufacturing and distributing a "virtually identical" piece of jewelry. Cosmetic applied for copyright registration of its jewelry on March 6, 2008 and received confirmation from the Copyright Office of receipt of the application on March 12. Cosmetic filed its infringement action on March 27, before the Copyright Office had issued a registration certificate for the jewelry (which it subsequently did). Despite that fact, the Ninth Circuit held that the application sufficed for the purposes of initiating an action in court.

This decision by the Ninth Circuit is beneficial to plaintiffs who can now proceed with infringement actions without worrying about their cases being dismissed or impeded for lack of subject-matter jurisdiction if they have not yet been granted a copyright registration from the Copyright Office.

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