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Banner Witcoff | USA | 16 Apr 2020

NBA 2K Avoids Tattoo Copyright Infringement in Three Ways

Since Solid Oak Sketches, LLC (“Solid Oak”) filed its first complaint against 2K Games, Inc. (“2K”) and Take-Two Interactive Software, Inc…

K&L Gates LLP | USA | 9 Aug 2019

A Case of Classic Fair Use for “Sports Fuel” in the 7th Circuit

Brand owners benefit by adopting distinctive marks, especially arbitrary and fanciful terms. When descriptive marks are used, even if…

Proskauer Rose LLP | USA | 28 Jan 2019

Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis

Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the…

Harness, Dickey & Pierce, PLC | USA | 13 Nov 2018

HBO’s Trademark Warpath

HBO is going to war and firing every arrow in its IP arsenal. Or so it seems. Last month, HBO set its sights on the Rancho Santa Ana Botanic Garden’s…

Skadden Arps Slate Meagher & Flom LLP | European Union, Global, USA | 4 Nov 2018

Privacy & Cybersecurity Update

In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the…

Thompson Coburn LLP | USA | 25 Oct 2018

Fair use isn’t arithmetic

Everyone — including lawyers and judges — likes simple legal rules. And the Copyright Act seems to provide one, with its fair use provision listing…

Haynes and Boone LLP | USA | 18 Jul 2018

Oracle v. Google - Redefining The Applicability and Scope of The Fair Use Defense for Software

On March 27, 2018, in Oracle America Inc. v. Google LLC, No. 17-1118 (Fed. Cir. 2018), the Court of Appeals for the Federal Circuit held that…

Jones Day | USA | 13 Jul 2018

All's Fair in Whoville: Dr. Seuss Parody is Fair Use

A play about an adult Cindy Lou Who is a fair use of How the Grinch Stole Christmas ("Grinch"), according to a July 6, 2018, opinion issued by the U.S…

Kilpatrick Townsend & Stockton LLP | USA | 30 Apr 2018

Insights: Alert Google's Use of Oracle's APIs Not Fair Use Under U.S. Copyright Law

On March 27, 2018, the Federal Circuit handed down its long awaited decision on whether Google’s use of 37 Java application programming interface…

McDermott Will & Emery | USA | 27 Apr 2018

Next Up, Damages - Federal Circuit Finds Google’s Use of Java Was Not Fair

In a case that attracted 20 amici briefs, the US Court of Appeals for the Federal Circuit issued a blockbuster decision in the years-long battle…
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