To Be Or Not To Be Transformative: Copyright Fair Use

How does the law determine what is considered to be the fair use copying of another artist’s work? How close can the copier come to the original without being deemed an infringer? In Patrick Cariou v. Richard Prince, the renowned appropriation artist Richard Prince used complete and partial images from a series... Continue Reading

The Ongoing War Against Non-Practicing Entities

Companies such as RPX Corp. and Allied Security Trust currently attempt to protect their clients against threats from Non-Practicing Entities (“NPEs” or sometimes “patent trolls”), by acquiring patents that might be a threat to their clients before they are acquired by a NPE.  Unified Patents Inc., a recently... Continue Reading

This Week in Intellectual Property History

On January 12, 1965 The Baltimore and Ohio Railroad Company received a trademark registration for their new logo: The B&O was the first common carrier railroad. It was chartered in 1827 and work on the line began in 1828. The line began operating the following year. In 1833, President Andrew Jackson boarded a... Continue Reading

Patent Litigation—NPES—The Pendulum Swings

With 62% of patent litigation being filed by patent holding entities that are not commercially practicing the inventions (NPEs) and with strong public sentiment that a significant number are frivolous but nonetheless are being settled because settlement is significantly less expensive than a meritorious defense, both... Continue Reading

Fabric Copyright Designs – Is This A Safe Haven?

Copyright infringement claims based upon textile designs have become a cottage industry for trolls. A typical scenario begins with the filing of a single work registration application with multiple designs. Many of the designs employ common design elements such as stripes or dots. A small number of the designs have a... Continue Reading