Case
Allen v. Cooper
26 published works
Patent Law Weblog
Allen v. Cooper (4th Cir. 2026)
By Kevin E. Noonan – Dickens’s Bleak House has long stood as an exemplar for the perils of interminable litigation where no one benefits (except, perhaps, the lawyers; see Jarndyce…
ILN IP Insider
“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey Reaction To Sovereign Immunity, Intellectual Property, & Takings
By James P. Flynn of Epstein Becker Green
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past here and there). When the United States Supreme Court issued its…
Minding Your Business
State Infringement of Copyright Cannot Proceed in Federal Court, Fifth Circuit Says
When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. …
New Jersey Law Blog
Supreme Court Holds States Cannot Be Sued for Monetary Damages in Copyright Infringement Cases
By Gene Markin
In a unanimous decision, the Supreme Court recently held that States cannot be held liable for monetary damages in copyright infringement lawsuits despite the Copyright Remedy Clarification Act of 1990…
IP Update
SCOTUS Sinks the CRCA, Confirms States are Immune from Copyright Suits
By Sarah Bro
The Supreme Court of the United States issued a unanimous decision invalidating the Copyright Remedy Clarification Act (CRCA), a 1990 statute intended to provide copyright owners with the power to…
Marks, Works, and Secrets
The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy
By Ira S. Sacks, Evelina Gentry
On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship…
Trademark & Copyright Law
Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit
Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period. He ultimately met his demise…
Close-Ups
Fair Winds to Copyright Holders: States Have Sovereign Immunity from Infringement Suits
On March 23, 2020, the United States Supreme Court held that the Copyright Remedy Clarification Act of 1990 (CRCA) is unconstitutional and therefore invalid. See Allen v. Cooper, No. 18-877,…
Supreme Court Update
<em>Kahler v. Kansas</em> (No. 18-6135), <em>Allen v. Cooper</em> (18-877), <em>Guerrero-Lasprilla v. Barr</em> (No. 18-776), <em>Comcast v. National Association of African Amirian-Owned Media </em> (No. 17-1171)
Things seem a bit . . . different since our last Update, no? As we round out our second week of remote lawyering (which, for some of us, seems to…
The IP Law Blog
SCOTUS Rules That North Carolina is Protected from Copyright Infringement Claims by Sovereign Immunity
By Intellectual Property Group
The Supreme Court of the United States has held that the state government is free to infringe copyrights without fear of retribution. In Allen v. Cooper, the Supreme Court decided…