Tag Archives: Supreme Court

Packingham Ruling Likely Not Instructive to DMCA

Photo source by spaxiax Another Supreme Court First Amendment decision this past Monday was a source of excitement for parties who consistently argue that copyright enforcement in cyberspace cannot help but infringe First Amendment rights.  I’ll say at the outset that … Continue reading

Posted in Copyright, Law & Policy | Tagged , , | Leave a comment

Slants Trademark Decision May Have Other IP Implications

In 2010, the Oregon-based, Asian-American band had its application for a trademark in the name The Slants rejected by the US Patent and Trademark Office. The denial was based on a statute in the 1946 Lanham Act prohibiting registration of … Continue reading

Posted in Copyright, Law & Policy | Tagged , , , | Leave a comment

Solicitor General Says No Cert for “Dancing Baby” Case

 SCOTUS Photo by jgroup After ten years and what must be thousands of attorney hours, the “Dancing Baby” case may have to do an about-face at the steps of the Supreme Court and, get this, actually go to trial. On May … Continue reading

Posted in Copyright, Law & Policy | Tagged , , , | Leave a comment

On the SCOTUS Cheerleader Uniform Ruling

Last week, the Supreme Court ruled in a copyright case that addresses the principle of “separability.” This is one of those areas of IP that a colleague of mine would call the “metaphysics of law,”  and that’s not a criticism.  … Continue reading

Posted in Copyright, Law & Policy | Tagged , , , , , , | 2 Comments

Supreme Court Will Not Hear Capitol v. Vimeo Case

Photo by Nagornyi The Supreme Court has denied cert in the case of Capitol Records v Vimeo, leaving in place the holding of the Second Circuit Court of Appeals that video-hosting site Vimeo was shielded by the “safe harbors” of the DMCA … Continue reading

Posted in Copyright | Tagged , , | Leave a comment