Anisa Noorassa
Subscribe to Anisa Noorassa's PostsAnisa Noorassa focuses her practice on intellectual property litigation matters. Read Anisa Noorassa's full bio.
Even Free Libraries Come With a Cost
By Anisa Noorassa on Sep 12, 2024
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the copyrighted books. Hachette Book Group Inc. v. Internet Archive, Case No. 23-1260 (2d Cir. Sept. 4, 2024) (Menashi, Robinson, Kahn, JJ.)...
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Missed Appropriation: Massive Trade Secret Verdict Vacated
By Anisa Noorassa on Aug 8, 2024
Posted In Trade Secrets
The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No. 1399-22-4 (Va. Ct. App. 2024) (Beales, Friedman, Callins, JJ.) Pegasystems and Appian are both companies in the business process management...
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Golden State of Mind: Anti-SLAPP Defense Versus Privacy Rights
By Anisa Noorassa on Jul 18, 2024
Posted In Uncategorized
The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion to strike a putative class action suit brought under Section 425.16 of California’s anti-SLAPP statute, finding that the case fell under an exemption because it sought to enforce an important right under California law. Odette R. Batis v....
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What Do You Meme? TFW Commercial Use Outweighs Fair Use
By Anisa Noorassa on Jun 20, 2024
Posted In Copyrights
The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in nature and therefore not fair use. Laney Griner v. King for Congress, Case No. 22-3623 (8th Cir. June 7, 2024) (Benton, Erickson,...
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No Home Away From Home: Federal Circuit Confirms PTO Domicile Requirements
By Anisa Noorassa on Feb 22, 2024
Posted In Trademarks
The US Court of Appeals for the Federal Circuit confirmed the US Patent & Trademark Office’s (PTO) refusal to register a trademark based on the applicant’s failure to comply with the domicile address requirement of 37 C.F.R. §§ 2.32(a)(2) and 2.189. In re Chestek PLLC, Case No. 22-1843 (Fed. Cir. Feb. 13. 2024) (Lourie, Chen,...
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First Amendment Bowled Over by Lanham Act – Again
By Anisa Noorassa on Jan 25, 2024
Posted In Trademarks
In response to the Supreme Court of the United States’ ruling in Jack Daniel’s, the US Court of Appeals for the Ninth Circuit reconsidered its 2022 decision in Punchbowl v. AJ Press and determined that Jack Daniel’s reset prior Ninth Circuit precedents regarding the interaction of First Amendment rights and the Lanham Act. The Ninth...
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Artificial Inspiration? Style Execution by AI Obviates Human Authorship
By Anisa Noorassa on Dec 21, 2023
Posted In Copyrights
The US Copyright Office Review Board rejected a request to register artwork made using an artificial intelligence (AI) painting application, finding that the applicant “exerted insufficient creative control” over the application’s creation of the work. Second Request for Reconsideration for Refusal to Register SURYAST (Copyright Review Board, Dec. 11, 2023) (Wilson, Gen. Counsel; Strong, Associate...
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Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work
By Anisa Noorassa on Jul 27, 2023
Posted In Copyrights
In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change. The Court...
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Lanham Act Liability May Apply to Copyrighted Material
By Anisa Noorassa on Jun 8, 2023
Posted In Copyrights, Trademarks
The US Court of Appeals for the Ninth Circuit found that liability under the Copyright Act and liability under the Lanham Act are not mutually exclusive and that liability under the Copyright Act does not negate trade dress damages under the Lanham Act. Jason Scott Collection, Inc. v. Trendily Furniture, LLC, Case No. 21-16978 (9th...
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Not Today, HAL: Copyright Still Requires Human Input
By Anisa Noorassa on Mar 23, 2023
Posted In Copyrights
The US Copyright Office (USCO) issued a policy statement on March 16, 2023, clarifying its position on the use of artificial intelligence (AI) in copyrighted materials. This statement came in the wake of the USCO’s recent decision to revoke partial copyright protection over AI-generated images in a graphic novel. The USCO had previously issued copyright...
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