Karen Gover
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Late Expert Report Dooms Copyright Case
By Karen Gover on Apr 18, 2024
Posted In Copyrights
The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or granting summary judgment to the defendant with respect to a copyright claim related to software. RJ...
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All That Glitters: Use of Registered Mark To Describe Watch Color Was Fair Use
By Karen Gover on Mar 28, 2024
Posted In Trademarks
The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was used descriptively and in good faith. Solid 21, Inc. v. Breitling U.S.A., Inc., Case No. 22-366 (2d...
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Read the Fine Print: Covenant Not to Sue “At Any Time” Terminated Upon License Expiration
By Karen Gover on Mar 14, 2024
Posted In Patents
Illustrating the importance of carefully drafting and reviewing language in a covenant not to sue, the US Court of Appeals for the Federal Circuit found that the plain language of a covenant permitted a licensor to sue a licensee for breach of contract only after termination of the contract. AlexSam, Inc. v. MasterCard Int’l., Inc.,...
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Rock On: Clichéd Song Themes Don’t Infringe Copyright
By Karen Gover on Mar 7, 2024
Posted In Copyrights
The US Court of Appeals for the Fifth Circuit affirmed a district court’s summary judgment grant to an alleged song copier, finding neither evidence of factual copying nor striking similarity between the two songs. Kirk Johnston v. Chad Kroeger et al., Case No. 23-50254 (5th Cir. Feb. 19, 2024) (Jones, Haynes, Douglas, JJ.) (per curiam)...
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Yo-Ho-No Vicarious Liability for Online Piracy Without Financial Benefit
By Karen Gover on Feb 29, 2024
Posted In Copyrights
The US Court of Appeals for the Fourth Circuit reversed-in-part, vacated-in-part and affirmed in part a district court decision that found an internet service provider liable for $1 billion in damages for vicarious and contributory copyright infringement. Sony Music Entm’t., et al. v. Cox Commc’ns, Inc., Case No. 21-1168 (4th Cir. Feb. 20, 2024) (Harris,...
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We Meant It – No Incorporation by Reference
By Karen Gover on Feb 22, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit issued a sua sponte order regarding the impermissibility of incorporating by reference arguments from one brief into another, especially when doing so causes the brief to exceed the permitted word count. Promptu Sys. Corp. v. Comcast Cable Commc’ns, LLC, Case No. 22-1093 (Fed. Cir. Feb. 16,...
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Rules of Evidence Require Weighing Relevance of Evidence Against Potential Prejudice
By Karen Gover on Feb 8, 2024
Posted In Life Sciences, Patents
The US Court of Appeals for the First Circuit affirmed the exclusion of a drug patent in a medical malpractice case, finding that the highly technical language of the patent would more likely confuse a lay jury than be probative of the issues in the case. Ward v. Schaefer, Case No. 22-1547 (1st Cir. Jan....
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Parody of Iconic Sneaker Isn’t Entitled to Heightened First Amendment Protection
By Karen Gover on Dec 14, 2023
Posted In Trademarks
The US Court of Appeals for the Second Circuit upheld a temporary restraining order and preliminary injunction enjoining use of a trademark and trade dress associated with an iconic sneaker design over a First Amendment artistic expression defense. Vans, Inc. v. MSCHF Product Studio, Inc., Case No. 22-1006 (2d Cir. Dec. 5, 2023) (per curiam)....
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A Step Forward for Choreography and Copyright
By Karen Gover on Nov 16, 2023
Posted In Copyrights
In a rare ruling on infringement of a copyright on choreography, the US Court of Appeals for the Ninth Circuit reversed the dismissal of a copyright infringement action, holding that the district court erred in its application of the substantial similarity standard in terms of the line between animation and choreography, and remanded for further...
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