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After five years of litigation, the battle between Unicolors, a California-based fabric design company, and H&M is still going strong. Now the United States Supreme Court has agreed to...
United States Supreme Court has agreed to decide whether an inaccuracy in Unicolors’ copyright registration invalidates its registration and thus a jury’s $1 million damages award in Unicolors’ favor.
To embed, copy and paste the code into your website or blog: The past year has brought with it many changes, and the tumultuous realm of intellectual property law is no exception. From a pair of holdings that made copyright claims more difficult when the government is involved on either side to an anticipated reexamination of an old doctrine of patent law, the pandemic has not prevented the Supreme Court from further refining the field of intellectual property law. In a holding that hits particularly close to home for those of us in the legal profession, a five-justice majority ruled that ann...
California nonprofit pushes states to make jury instructions more broadly available Image from Shutterstock.com. Since his early days as a lawyer, Wisconsin criminal defense attorney Chad Lanning has been troubled that the state’s jury instructions were not freely available to the legal community or the general public. He has also long thought it was odd that the materials essential to the functioning of the justice system could be copyrighted by the University of Wisconsin. “It just always seemed wrong on the most basic level,” Lanning says. As Lanning rose to leadership in the Wisc...
Tuesday, February 2, 2021 Copyright jurisprudence in 2020 was, in many ways, a study in the scope of copyright protection. While certain courts brought century-year-old precedent to the forefront to interpret the scope of copyrights, other courts ruled overruled 40 years of precedent to even the playing field between popular works and works that are less known. In the wake of the US Court of Appeals for the Ninth Circuit’s pivotal copyright decision in the Led Zeppelin “Stairway to Heaven” lawsuit, several district courts, within and outside California, have relied on the en...