Ninth Circuit: Reversible error to only consider one of the likelihood of confusion factors In a trademark case yesterday, the Ninth Circuit held that the similarity-of-the-marks factor could not be considered exclusive of the other likelihood of confusion factors in determining trademark infringement. In doing so, the court reversed the grant of summary judgment against the defendant's counterclaims of trademark infringement, as well as the defendant's counterclaims for copyright […] Continue Reading →
Second Circuit: Merger doctrine bars copyright in commodities settlement prices The Second Circuit issued a decision yesterday applying the merger doctrine of copyright to settlement prices on a mercantile exchange. The court affirmed summary judgment holding that the settlement prices were not copyrightable, because the expression of the prices (a single number) merged with the idea that was expressed (the fair market value for each […] Continue Reading →
Sixth Circuit: Proper copyright infringement test applied, finding of no infringement affirmed In a decision Friday, the Sixth Circuit affirmed a district court's finding of no copyright infringement, holding that the lower court had applied the proper legal standard. Specifically, while the district court characterized the test for substantial similarity in a different manner, the application of the test was proper insofar as the court removed from […] Continue Reading →
UK rejects proposal for 20 year copyright extension for sound recordings Yesterday the UK Department for Culture, Media & Sport issued a report rejecting a suggestion to push for an extension of copyright term in the EU for sound recordings of 20 additional years, from 50 to 70 years. Citing the Gowers Review of the UK's intellectual property framework, the report notes: [The Gowers Review] concluded […] Continue Reading →
Federal Circuit affirms findings of patent and copyright noninfringement In a recent decision the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement on one count of patent infringement and two counts of copyright infringement. The Federal Circuit also upheld the district court's denial of the plaintiff's Rule 60(b) motion seeking vacatur of the summary judgments. More details of Hutchins v. […] Continue Reading →
Sixth Circuit affirms copyright infringement award against karaoke disc maker In a decision today, the Sixth Circuit affirmed an award of $806,000 in statutory damages plus attorney fees in a copyright case. The case was brought by a copyright holder against a manufacturer of karaoke discs incorporating the compositions to which the plaintiffs held the copyright. The court upheld the award and finding of willful […] Continue Reading →
Eleventh Circuit: copyright in compilations of used boat listings infringed In a decision yesterday, the Eleventh Circuit affirmed the finding of copyright infringement of a factual compilation, specifically a compilation of listings of used boats for sale. Most notably, the court held that the proper standard for infringement was the "substantially similar" test, rather than the "virtually identical" test sometimes used for factual compilations (most […] Continue Reading →
Sixth Circuit: Damages for copyright infringement available even if copies not actually used The Sixth Circuit issued a ruling that, by largely following the Second Circuit, clarifies the calculation of damages for copyright infringement under 17 U.S.C. § 504(b) and 17 U.S.C. § 505 for infringing copies of software. Specifically, the court decided that unused infringing copies should still be included in actual damages, the use of the […] Continue Reading →
Digital compilation of magazine archives a privileged “revision” of a collective work In a decision today, the Eleventh Circuit held that the National Geographic Society, by its publication of "The Complete National Geographic," had not infringed the copyrights of a photographer whose photos appear in the various individual issues of National Geographic. The court held that the change from print to digital media was a "revision" as […] Continue Reading →
Fourth Circuit affirms refusal of copyright registration: insufficient creativity The Fourth Circuit yesterday affirmed the denial of copyright registration to an individual who had adapted United States Census maps for use on his website. The only changes to the maps were the addition of colors, changing the typeface of the state abbreviations, and a change in layout for some of the state indications. The […] Continue Reading →