Startup Litigation – Morley or Sherlock’s Moriarity – The Strange Case of Morley v Square, Inc.

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Have to love a United States District Court complaint that starts as follows: “The publicized origin story of Square, Inc. is a fabrication. The business now known as Square was not created solely by Jack Dorsey and James McKelvey. It was Professor Robert Morley— and Dr. Morley alone— who invented the Square card reader, and […]

Inducing Copyright Infringement:R&B Hip Hop Artists Seek to Enjoin CNET from Reporting on File Sharing Software

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Here is the brief filed by Kendall Brill and Fenwick & West in opposition to the motion seeking to enjoin the CNET reporting on Bit Torrent and other file sharing software: “a full year after they commenced this action, and a decade after the software reviews about which they complain.” Of course we see the […]

Supreme Court Upholds Federal Right of Arbitration of Confidentiality and Noncompetition Agreement

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In Nitro-Lift Technologies, L.L.C. v. Lee, the Supreme Court of the United States reversed the decision of the Oklahoma Supreme Court and upheld the right of an employer to bring its claim directly to an arbitrator and not be subject to a challenge to its right to arbitration in state court. The U.S. Supreme Court […]

Disney Santa Paws Movie Does Not Infringe the Copyright of Santa Paws Short Story

Posted on Posted in !Latest Posts, CASEBOOK, CASENOTES, COPYRIGHT, Uncategorized

“In the plaintiffs’ version, a dog embarks on a mission to save Christmas from a witch threatening to drain the world of holiday cheer with her magic icicle. In Disney’s version Santa Paws combats an evil icicle that threatens Christmas.” [Source, TheWrap: “Judge Dismisses ‘Santa Paws’ Copyright Lawsuit Against Disney” 9/20/2012] The precedent established here […]

Copyright Battle Literally Turns into Football Replay Review

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The Australian High Court has refused to overturn a ruling holding Optus TV liable for copyright infringment for recording and showing from its cloud free over the air broadcasts of the Australian Football League. From Google/YouTube to Apple/Samsung to Sydney, Australia, the new battles of copyright and intellectual property war are being waged by massive […]

Massive Legal Fees Awarded Against Oxford Press in Library Fair Use Trial

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A library defendant deep in the heart of Georgia will be awarded massive legal fees in its successful fair use defense of its library copying practices in Cambridge University Press et al v. Patton et al. We link to the Publishers Weekly August 10 article that is being read by publishers and libary clients alike […]

Tetris Crushes Mino in Newark No Copycats Allowed in Jersey

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Software engineer, patent examiner, and IP Blogger Charles Bieneman does a nice job summing up this week’s comprehensive copyright infringement grant of summary judgment in the Tetris – Mino battle at Tetris Holding, LLC v. Xio Interactive, Inc., No. 09-6115 (D. N.J. May 30, 2012). Share on Facebook

War, Sculptor, Post Office, Copyright, Staututes Not Stautues Make Strange Bedfellows

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[For background article, thanks to @artinfodotcom “Postal Disservice: Could a Sculptor’s Fight for Royalties From a Postage Stamp Change Copyright Law?] The United States Post Office paid sculptor Frank Gaylord $775,000 to create his stunning Korean War Veterans Memorial in Washington’s West Potomac Park. Another artist, photographer John Alli, took a photo of the Memorial […]