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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 –…
IP Intelligence
BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “What Shall We Do About ‘Orphan Works’?”
On September 22, Law360 published an article positing the question, "What should be done to more fairly enable the use of orphan works?" after the ruling determining that Warner/Chappell Music,…
IP Intelligence
BakerHostetler’s Oren Warshavsky, a Law360’s Voices of the Bar for Intellectual Property, comments on “What Shall We Do About ‘Orphan Works’?”
On September 22, Law360 published an article positing the question, "What should be done to more fairly enable the use of orphan works?" after the ruling determining that Warner/Chappell Music,…
IP Intelligence
Ninth Circuit: “Holy Copyright Law, Batman!” The Batmobile Is Copyrightable
The Ninth Circuit Court of Appeals held that the Batmobile is a copyrightable character. The Ninth Circuit’s opinion explaining its ruling begins with the sentence “Holy copyright law, Batman!,” and…
IP Intelligence
Ninth Circuit: “Holy Copyright Law, Batman!” The Batmobile Is Copyrightable
The Ninth Circuit Court of Appeals held that the Batmobile is a copyrightable character. The Ninth Circuit’s opinion explaining its ruling begins with the sentence “Holy copyright law, Batman!,” and…
IP Intelligence
California Court Rules No Copyright Protection for “Happy Birthday to You”
This week, in Rupa Marya, et al. v. Warner/Chappel Music, Inc., et al., No. CV 13-4460-GHK (C.D. Cal. Sept. 22, 2015), U.S. District Judge George H. King ruled that defendant…
IP Intelligence
The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice
Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a…
IP Intelligence
The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice
Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a…
IP Intelligence
USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology
By Kevin Bovard
Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create…
IP Intelligence
Attorney Fees for Post-Grant Patent Challenge Proceedings Before the USPTO May Be Recoverable in Exceptional Cases Under 35 U.S.C. § 285
By Hans Smith
Parties accused of patent infringement are turning more and more to post-grant challenge proceedings at the United States Patent and Trademark Office (“USPTO”) as a faster and cheaper means for…