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SWIPLit Blog

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By: Snell & Wilmer

Blog Authors

Michelle Emeterio
David G. Barker
Jcjones
Daniel M. Staren
Rachael Peters Pugel
Emily R. Parker
Martyna Sawicka
Zachary Schroeder
Dan Staren
Tbruyere

Latest from SWIPLit Blog

SWIPLit Blog

Supreme Court Hold Copyright Act’s Statute of Limitations Does Not Limit Damages Period

By Zachary Schroeder
May 9, 2024

By: Zach Schroeder

The U.S. Supreme Court held the Copyright Act’s three-year statute of limitations does not equate to a three-year limit on damages when plaintiffs bring claims under the Act using the discovery rule doctrine.  In doing so, the…

SWIPLit Blog

Supreme Court Asked to Clarify Activities that Give Rise to Specific Personal Jurisdiction

By Michelle Emeterio
May 7, 2024

In Impossible X LLC v. Impossible Foods Inc., Impossible Foods recently filed an opposition to Impossible X’s petition for certiorari, which asks the Supreme Court to decide (1) whether some disputes should require so-called “rough causality” before finding…

SWIPLit Blog

D.C. Circuit to Opine on Whether AI May Be Author of Copyrightable Work in Thaler v. Perlmutter

By Rachael Peters Pugel
March 26, 2024

The D.C. Circuit is set to decide whether a work generated “autonomously” by an artificial intelligence (“AI”) computer system was properly denied copyright registration by the United States Copyright Office. The work at issue, titled “A Recent Entrance to Paradise,”…

SWIPLit Blog

Jack Daniels’ Limitation of the Rogers Shield Prompts the Ninth Circuit to Reverse Itself

By Martyna Sawicka
February 13, 2024

In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not infringe a trademark…

SWIPLit Blog

U.S. Supreme Court Grants Certiorari to Decide Damages Period Under Copyright Act

By Emily R. Parker
October 31, 2023

The U.S. Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the suit was filed.

Musician Sherman Nealy and…

SWIPLit Blog

Supreme Court Holds International Use Not Trademark Infringement

By Daniel M. Staren
July 11, 2023

By: Bailey Hopkins* and David G. Barker

The Supreme Court recently held Abitron Austria GmbH not liable for using Hetronic International, Inc.’s trademarks outside of the United States. Reversing the Tenth Circuit and resolving a circuit split, the Court held that…

SWIPLit Blog

Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement 

By Tbruyere
June 26, 2023

By: Zach Schroeder and Courtney Moore*

The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable…

SWIPLit Blog

Supreme Court Unanimously Sides with Jack Daniel’s in Dog Toy Trademark Dispute

By Rachael Peters Pugel
June 9, 2023

The Supreme Court issued its ruling yesterday in a trademark lawsuit between Jack Daniel’s and the seller of a dog toy resembling a bottle of Jack Daniel’s famous whiskey.  In a unanimous decision, the Court reversed the Ninth Circuit and…

SWIPLit Blog

Supreme Court Holds Patents Must Enable Full Scope of Invention

By Daniel M. Staren
May 24, 2023

The Supreme Court unanimously held last week in Amgen v. Sanofi that a patent’s specification must enable a person skilled in the art to make and use the full scope of the invention as defined by its claims.

Amgen sued…

SWIPLit Blog

Supreme Court Holds Specific Use of Warhol’s “Orange Prince” Not Fair Use

By David G. Barker
May 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. In doing so the Court focused not solely on the “transformative use” aspect of…

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