Search for: "Matter of Nimmer"
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8 Feb 2011, 6:37 am
Late in January UCLA responded with a motion asking the court to dismiss the lawsuit for lack of subject matter jurisdiction and failure to state a claim. [read post]
9 Aug 2010, 2:23 pm
The court found that there was “no question” that the works at issue — plaintiff’s unpublished manuscripts — fell within the subject-matter of copyright protection. [read post]
6 Apr 2017, 7:20 am
The district court found copyright preemption and the court of appeals affirmed.Plaintiffs contested only part one of the two-part §301 test, whether the subject matter of the state law claim fell within the subject matter of copyright. [read post]
13 Aug 2013, 9:30 am
Labels matter. [read post]
2 May 2021, 1:14 pm
After a jury then found for Google on fair use, the Federal Circuit reversed, concluding that Google’s copying was not a fair use as a matter of law. [read post]
2 Oct 2020, 5:52 pm
See Smolla & Nimmer on Freedom of Speech § 15:60 ("[C]ourts have often exhibited a blind spot for normal prior restraint and preliminary injunction standards when it comes to enforcement of copyright interests. [read post]
29 Sep 2008, 8:49 pm
In so doing, the court adopted a modified version of the Ninth Circuit's test in false endorsement cases, as the appropriate factors were a matter of first impression for the Third Circuit. [read post]
19 Mar 2009, 7:07 am
This is a matter that is agreed on by the two writers. [read post]
2 Feb 2024, 11:08 am
Q: will it matter if more polities grant “citizenship” to virtual AIs? [read post]
24 Jan 2008, 1:34 pm
"--David Nimmer, co-author of Nimmer on Copyright Once this book comes out, there will not be much use for my Copyrights and Copywrongs. [read post]
21 Jan 2014, 4:00 am
It isn’t about the length of any cord—no matter how long the cord is, the legal question is the same. [read post]
28 Jun 2022, 11:15 am
Nimmer & David Nimmer, Nimmer on Copyright § 13.05 (2020). [10] 17 U.S.C. [read post]
8 Jan 2019, 9:01 pm
If Facebook is effectively the only game in town, then it does not much matter from the user’s perspective whether Facebook censors in response to a government mandate or of its own volition.Moreover, it is not fully accurate to say that Facebook censors speech “voluntarily. [read post]
23 Jan 2014, 3:59 am
The Supreme Court a few weeks ago agreed to review the Second Circuit’s decision in ABC v. [read post]
11 Jul 2017, 12:45 pm
Nimmer & D. [read post]
6 Dec 2017, 1:19 pm
105 S.Ct. 2218 85 L.Ed.2d 588 HARPER & ROW, PUBLISHERS, INC. and the Reader’s Digest Association, Inc., Petitionersv.NATION ENTERPRISES and the Nation Associates, Inc. [read post]
19 Feb 2022, 3:07 pm
Also cites Nimmer but reminds us that Nimmer actually says “discoveries,” not “facts. [read post]
2 Oct 2015, 1:31 pm
That is the subject matter of the right, and so loss of control of that meaning is loss of the TM. [read post]
15 Nov 2013, 9:49 am
The court emphasized that a split in the circuits would be a problem as copyright law is a matter of federal law and is intended to be applied uniformly throughout the United States. [read post]
14 Nov 2016, 6:16 am
All utilitarian features have an associated appearance; it’s the appearance of those features, whether utilitarian or not, that matters in validity determinations, w/o need for functionality doctrine.On infringement side, there’s been a ridiculous practice of factoring out functional features in Markmanhearings, which makes no sense. [read post]
