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19 Jun 2013, 3:47 am
  As we all know, in respect of US copyright law, under 17 USC §107 the factors to be considered in determining whether the use made of a work in any particular case include:1. [read post]
27 Mar 2017, 1:15 am by Jani Ihalainen
The Supreme Court handed down its decision only last week.Without discussing the facts in too much detail, the case of Star Athletica LLC v Varsity Brands Inc. dealt with two companies that design and manufacture cheerleading outfits, which often incorporate fanciful designs and patterns to distinguish the cheerleaders from each other (and to bring in their respective schools' colors). [read post]
30 Jun 2020, 6:59 am by Courtenay C. Brinckerhoff
  The Hatch-Waxman Patent Term Extension Statute The patent term extension provisions of the Hatch-Waxman Act are set forth in 35 USC § 156. [read post]
17 Apr 2018, 1:22 am by Jani Ihalainen
Although the matter is not necessarily over by any means, a recent Court of Appeals decision might have struck the final blow, and ended the matter (and the question of APIs and copyright) for the time being.The case of Oracle America Inc. v Google LLC concerned the Java software platform, which was developed by Oracle's predecessor, Sun Microsystems. [read post]
27 Jun 2010, 2:41 pm by Ray Dowd
  "Preemption" comes about because the Copyright Act says basically that the Copyright Act exclusively governs copyrights in 17 USC 301. [read post]
17 Jul 2017, 12:44 pm by Justin Marks
  It might be a tough argument to sell to an agency primarily focused on transportation by rail, but with the right facts, the STB may be willing to extend its jurisdiction to an intrastate passenger rail carrier that connects to interstate commerce beyond Amtrak. [1] 49 USC § 10501(a).[2] All Aboard Florida – Operations LLC and All Aboard Florida – Stations Construction and Operation Exemption – In Miami, Fla. [read post]
5 Jul 2012, 11:22 am by Eric
Defeating a 17 USC 512(h) subpoena doesn’t warrant a 17 USC 505 fee shift. [read post]
17 Jul 2017, 12:44 pm by Justin Marks
  It might be a tough argument to sell to an agency primarily focused on transportation by rail, but with the right facts, the STB may be willing to extend its jurisdiction to an intrastate passenger rail carrier that connects to interstate commerce beyond Amtrak. [1] 49 USC § 10501(a).[2] All Aboard Florida – Operations LLC and All Aboard Florida – Stations Construction and Operation Exemption – In Miami, Fla. [read post]
19 Sep 2013, 9:01 pm by John Dean
  The default judgment brought forth the actual owners and operators of the website, and on August 31, 2010 the court granted the plaintiff’s motion to amend her complaint to name Hooman Karamian a/k/a Nik Richie or Nik Lamas-Richie, and the corporations through which he operates “the dirty.com,” Dirty World LLC, and Dirty World Entertainment, LLC as defendants. [read post]
7 Nov 2016, 6:36 am by Silverberg Zalantis LLP
In the case of BT Holdings, LLC v Village of Chester, the Circuit Court found that the District Court properly dismissed the claim, pursuant to 42 USC §1983, as there had not been a final determination with respect to whether the property owner could utilize its property. [read post]
16 Jun 2011, 2:00 am by Stefanie Levine
Ted Cruz of Morgan, Lewis & Bockius LLP and counsel of record for SEB, and William Dunnegan of Dunnegan LLC and counsel of record for Global-Tech Appliances. 2. [read post]