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IP Intelligence
Tomaydo-Tomahhdo
By Jessie Kuhn
Earlier this week, the Sixth Circuit ruled the “Tomaydo-Tomahhdo Recipe Book” was not creative enough to warrant a copyright. The case started when Rosemarie Carroll (and related companies) sued her ex-partner,…
IP Intelligence
Denial of a Preliminary Injunction Against Twilio
Twilio, Inc. is a cloud communications company that earlier this year raised $100 million in funding, a figure that placed it in the Unicorn Club—those startup companies with valuations over…
IP Intelligence
Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors Guild, v. Google Inc.
On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that…
IP Intelligence
Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors Guild, v. Google Inc.
On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that…
IP Intelligence
A Split Decision Remains Split; No en banc Review of Amgen v. Sandoz
By Ron Kern
On October 16, 2015, the Court of Appeals for the Federal Circuit (“Federal Circuit”) opted not to rehear its previously issued split decision in the court’s first analysis of the…
IP Intelligence
Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses
Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting…
IP Intelligence
Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses
Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting…
IP Intelligence
Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright
In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that “[t]he rights of a patentee or copyright holder are part of a ‘carefully…
IP Intelligence
Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright
In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that “[t]he rights of a patentee or copyright holder are part of a ‘carefully…
IP Intelligence
Bikram Yoga in the Hot Seat As Ninth Circuit Affirms Yoga Sequence Not Copyrightable
No matter how graceful the flow or beautiful the poses may be, the Federal Appeals Court for the Ninth Circuit held that Bikram Choudhury’s sequence known as Bikram Yoga –…