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 his company, Music Specialist Inc. (collectively, “Nealy”), sued Warner Chappell Music, Inc. (“Warner”), for copyright […]
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 Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act do not apply extraterritorially and extend only […]
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 held that the “Bad Spaniels” dog toy was subject to the usual likelihood of confusion […]
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 the first factor of a four-part fair use analysis, but on the entire first factor […]
USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. § 1052) in refusing to register Elster’s mark that used a living individual’s name, because it impermissibly restricted free speech. Section […]
By: Trent Hoffman and David Barker On November 4, 2022, the Supreme Court granted certiorari in Amgen v. Sanofi, No. 21-757, to review “[w]hether enablement is governed by the statutory requirement that the specification teach those skilled in the art to make and use the claimed invention, 35 U.S.C. § 112, or whether it must […]
By Deborah A. Gubernick and Michelle Emeterio Please click here to see the article.
Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act
By Amanda Z. Weaver, Ph.D. and David G. Barker The U.S. Supreme Court recently granted a petition for writ of certiorari (docket, here) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The Court will review a Second Circuit decision holding Andy Warhol’s set of […]
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By Daniel M. Staren and David G. Barker The Supreme Court held today that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act. Unicolors created fabric designs but did not publish them at the same time. Later, in February […]