Recent Articles

Multimillion Dollar Trademark Jury Award Upheld by the Ninth Circuit

Tonya Gisselberg
March 17, 2012 01:04

Skydive Arizona sued defendants collectively doing business as SKYRIDE, alleging trademark claims of false advertising, trademark infringement and cybersquatting.  The district court granted partial summary judgment in Skydive Arizona’s favor on the false advertising claim.  The...

VPPA Damages Remedy Not Available in Class Action Suit Over Personally Identifiable Information

Tonya Gisselberg
March 09, 2012 13:12

The question before the 7th Circuit in this case was whether the Video Privacy Protection Act (VPPA), 18 U.S.C. §2710, provides a civil damages remedy for violating subsection (e) of the Act, which requires the destruction of personally identifiable information as soon as practicable. ...

"Stealing Idea" Suit Dismissed on Summary Judgment

Tonya Gisselberg
March 03, 2012 00:12

Frank Coble accused Anita Renfroe of stealing his idea for a song and filed suit against her, alleging copyright infringement and the trademark law claims of unfair competition and false designation of origin.  The district court granted Renfroe’s motion for summary judgment on both the...

Significant Damages and Attorney's Fees Award in Music Performance Copyright Infringement Case Upheld by Ninth Circuit

Tonya Gisselberg
February 22, 2012 03:14

Seven music company members (Music Companies) of the American Society of Composers, Authors, and Publishers (ASCAP) sued East Coast Foods, Inc. and its sole officer and director, Herbert Hudson, for copyright infringement arising out of musical performances of eight works at the Long Beach,...

Online Protection and Enforcement of Digital Trade Act Targets Nondomestic Infringing Internet Sites

Tonya Gisselberg
February 18, 2012 22:21

The purpose of the Online Protection and Enforcement of Digital Trade Act (OPEN) is “[t]o amend the Tariff Act of 1930 to address unfair trade practices relating to infringement of copyrights and trademarks by certain Internet sites, and for other purposes.”  This bill was...

Batmobile Not Excluded From Copyright Protection As a Matter of Law, Rules District Court

Tonya Gisselberg
February 03, 2012 03:53

DC Comics, owner of registered copyrights in the Batman comic book character, sued Mark Towle, dba Gotham Garage, for copyright infringement for reproducing and distributing unauthorized and counterfeit Batmobile vehicles.  Judge Ronald S.W. Lew, U.S. District Court, Central District of...

Freedom of Information Act Ruling by Ninth Circuit Holds VA Wrong to Withhold Documents

Tonya Gisselberg
January 28, 2012 00:35

In Yonemoto v. Department of Veterans Affairs (pdf), the Ninth Circuit addressed two questions about the Freedom of Information Act (FOIA):  1)  Was a Veterans Health Administration (VHA) employee’s FOIA request made moot when the Department of Veterans Affairs (VA) offered to allow...

Sweet Dreams, Molly

Tonya Gisselberg
January 24, 2012 00:04

Our sweet rescue Vizsla Molly died on Sunday.  She became a member of our family on February 10, 2007.  She was our Funny Valentine. We believe Molly was around 12 years out when she came to live with us, so would have been around 17 years old when she died.  That’s a long life...

Restoration of Copyrights for Foreign Works Held Constitutional by U.S. Supreme Court

Tonya Gisselberg
January 21, 2012 21:34

The U.S. Supreme Court issued its ruling in Golan v. Holder (pdf) this week.  This case concerns the extent of copyright protection granted to foreign works by U.S. law.  The Berne Convention is the major treaty governing international copyright protection.  Under the Berne...

Research Works Act Forces Debate About Access to Research Resulting From Both Public and Private Funding

Tonya Gisselberg
January 11, 2012 03:41

While SOPA grabs entertainment industry headlines, a new bill introduced in the House of Representatives in December 2011 is creating quite a stir among research scientists.  It’s called the Research Works Act.  The purpose of the bill is “[t]o ensure the continued publication...