IP & Technology Law Trends
All Articles
Supreme Court Maintains Internet Safe Harbor Provisions … for Now
With little comment and reportage, the U. S. Supreme Court decided on May 18 that the “safe harbor” granted to the operators of online platforms precluded claims that an algorithmic process that allowed terrorist recruiting messages to be briefly ava...
Continue Reading >
Second Time Lucky? Supreme Court Grants Cert in Jack Daniel’s Dog Toy Case
The United States Supreme Court has granted certiorari to Jack Daniel’s distillery in its appeal of a Ninth Circuit decision holding that a dog toy manufacturer’s use of the Jack Daniel’s trademarks and label design is expression protected by the Fir...
Continue Reading >
Supreme Court to Review Trademark Territoriality
A few weeks ago, we wrote about a trademark territoriality case being presented to the U.S. Supreme Court. We write now with a follow-up: the Court has agreed to hear it.
The case is Abitron Austria GmbH v. Hetronic International, Inc., and it prese...
Continue Reading >
Supreme Court May Review Trademark Territoriality
Increased globalism brings with it a need to re-examine and clarify the territorial limitations traditionally applied to trademark rights. Should U.S. users of foreign trademarks and foreign users of U.S. trademarks be subject to the provisions and remedies of the Lanham Act irrespective of where sales—and damages—occur?
Continue Reading >
The State is Still Free to Plunder Your Copyrights: Jim Olive Photography v. University of Houston
As we have covered here before, a state’s sovereign immunity can be an insurmountable barrier to holding any state entity liable for copyright infringement. In Allen v. Cooper, the Supreme Court held that Congress did not validly revoke state sovere...
Continue Reading >
U.S. Supreme Court Denies Cert in Three IP Cases
The United States Supreme Court denied certiorari in a widely-publicized right of publicity case and two closely-watched copyright cases during the last week of June.
In the publicity case, Hamilton v. Speight, Lenwood Hamilton, who wrestled profess...
Continue Reading >