The IP Breakdown

A Legal Blog by Aaron | Sanders, PLLC

Latest from The IP Breakdown - Page 2

Folks in Louisville already know this, but the rest of the world might be surprised – DERBY-PIE is a registered trademark. Not only is it a registered trademark, the owner of that trademark, Mr. Alan Rupp, is known to be a vigorous enforcer of his rights. Chocolate-Walnut Pie, not from the Melrose Inn. All things Derby This is the end of Derby Week in Louisville, the lead up to the Kentucky Derby®, the most famous…
Songwriters: The Ninth Circuit Might Actually Have Heard You When the Blurred Lines verdict was reached—and again when it was upheld, twice—there were many stories about how the decision cast a pall on songwriting. What if I, a songwriter, accidentally wrote the something kind of sort of the same as a song from the past, even if I never heard the song (that I can recall)? Can I be liable for copyright infringement by…
A Layer Cake, or a Tower of Babel? Toward a General Theory and Test for Selection and Arrangement in Copyright Law One of the most bedeviling copyright concepts is… well, it has lots of different names. In the recent “Stairway to Heaven” decision, it was called “selection and arrangement.” But in other contexts, especially software, it’s called “selection, sequence, organization” (SSO). (I talked about the Ninth Circuit’s “Stairway to Heaven” en banc decision in…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share Tara and Rick have each been recently been featured in a couple of well-known legal podcasts: Tara is featured in Ipse Dixit, a podcast covering legal scholarship and hosted by Brian L. Frye, a law professor at the University of Kentucky. Tara discussed privacy law and privacy with Prof. Frye.…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share Rick was quoted today in Managing IP’s article Led Zeppelin Ruling Should Ease Burden on Copyright Defendants about the Ninth Circuit’s en banc decision in Skidmore v. Led Zeppelin. It’s paywalled (sorry), but a free trial is available. Among other things, the Ninth Circuit drew a clear distinction between probative similarity (that…
Wherein Some Bad Old Mistakes Are Fixed, but Led Zeppelin Need Suffer No Longer The last couple of times I blogged about the “Stairway to Heaven” case, I was defending the Ninth Circuit’s decision to send the case back down to the trial court for a re-do, even though Led Zeppelin was likely to prevail again.6OK, but in that last one, I was starting to agree it wasn’t worth saving. It was too bad Led…
There’s little doubt that STELLA ROSA wines are popular. I’ve never tried them, but I am assured by wine critic Patrick Comiskey that they “resemble wine, they’re reminiscent of wine, but no one who drinks wine regularly would mistake it for wine.” It is, however, “decidedly better than” Arbor Mist. Because their fermentation process had been arrested early, they’re not very alcoholic, but they’re a bit fizzy and very, very sweet.6This description reminds me unpleasantly…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share How Can Copyright Law Be Reformed to Avoid Results Like “Blurred Lines” and “Dark Horse”? Part 2. Damn the Damages! Full Speed Ahead! This is the third in a series of posts about the dread supposedly wrought by recent music copyright cases (all of which were filed in the same U.S.…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share Last week I read a smart post about some of the shortcomings of the now 20-day-old California Consumer Protection Act (CCPA), and how it may not cover downstream data resellers in any kind of an effective way. I encourage anyone working in the data protection space to read it. In the…
Share on Facebook Share Share on Messenger Share Share on Twitter Share Share on Linkedin Share Share on Email Share Share on Print Share Reforming Copyright Law Last time, I questioned the premises and theses of the common notion that the “Blurred Lines,” “Stairway to Heaven” and “Dark Horse” cases are chilling creativity. My main point was that the only way to determine whether this was happening is to assess whether quality of popular…