Intellectual Property Law Archives | Page 3 of 5

Copyright Record Rental Exception Applies Only To Musical Works (2007)

Thursday, 05 July 2007 by Elliott Alderman

In a recent case of first impression, the Sixth Circuit decided in Brilliance Audio, Inc. v. Haights Cross Communications, Inc., No. 05-1209 (6th Cir. 2007) that the record rental exception to the first sale doctrine, in section 109 of the Copyright Act, applies only to sound recordings of musical works. The decision is also interesting for its

Published in Copyright Law, First Sale, Intellectual Property Law, Record Rental Exception, Section 109, Sound Recordings, Trademark Law

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Bad Grammar = Good Trademark? (2006)

Saturday, 05 August 2006 by Elliott Alderman

A mark is merely descriptive if it conveys any aspect, purpose, function or use, or desirable characteristic of the goods or services with which it is used. For example, the mark MARTHA WASHINGTON for dolls is merely descriptive of dolls that portray Martha Washington; likewise, the mark APPLE PIE for potpourri with an apple pie

Descriptiveness Grammar Trademarks

Published in Grammar, Intellectual Property Law, Trademark Descriptiveness, Trademark Law

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MGM v. Grokster: The U.S. Supreme Court Will Revisit Sony-Betamax (2005)

Monday, 05 September 2005 by Elliott Alderman

At the end of March 2005, the Supreme Court will hear oral argument in MGM v. Grokster, reviewing a decision of the U.S. Court of Appeals for the Ninth Circuit and reconsidering the continued viability of the landmark Sony-Betamax case in the new millennium. Since Sony-Betamax, it has been well-settled that manufacturers and distributors are not vicariously liable for

Contributory Infringement Copyright File Sharing P2P Secondary Liability

Published in Contributory Copyright Infringement, Copyright Inducement Liability, Copyright Law, Filesharing, Intellectual Property Law, Intermediary Liability, Internet, P2P, Peer To Peer Sharing, Secondary Copyright Liability, Vicarious Copyright Infringement

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MGM v. Grokster: The U.S. Supreme Court Decision (2005)

Tuesday, 05 July 2005 by Elliott Alderman

On June 27, 2005 on a copyright ruling, nine justices of the Supreme Court agreed, in MGM v. Grokster, that the distributors of devices capable of both lawful and unlawful uses are liable for the infringing acts of third parties, where, as shown by clear expression or other affirmative steps, the distributors promote the infringement. Distinguishing Sony,