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HTMLLaches, Statutes of Limitations and Raging Bull: The Supreme Court Re-Emphasizes The Pitfalls Of Delay In Copyright Cases
Edwin Komen, Dylan J. Price; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 15, 2014, previously published on July 7, 2014
In Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. -- (2014), the United States Supreme Court addressed the role that the equitable defense of laches - i.e., a plaintiff’s unreasonable and prejudicial delay in commencing suit - plays in relation to a claim of copyright infringement filed...

 

HTMLIntent To Use - It’s Not The Thought That Counts
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 10, 2014
Bona fide intent, the sine qua non of non-use trademark applications, was given new meaning by the TTAB in a decision released unpublished February 21, 2014 but redesignated as precedent on March 26, 2014, thus placing at risk similar applications for oppositions and issued registrations for...

 

HTMLDOMA Goes Down - Copyright Goes Up - U.S. v. Windsor, Supreme Court, No. 12-307, Decided June 26, 2013
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 3, 2013, previously published on June 26, 2013
The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of Marriage Act (“DOMA”), as so applied, constituted a deprivation...

 

HTMLBONDing WITH NPE's - The requirement for security for costs or expenses under Section 1030 of the California Code of Civil Procedure
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 2, 2013, previously published on March 29, 2013
A little used and often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the Federation of Saint Kitts and Nevis, against California residents for allegedly...

 

HTMLThin Copyrights - Protected But Not Infringed
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 30, 2013, previously published on January 24, 2013
Some appellate decisions are worth examining because they plow new ground. Others serve to explain the ground that was plowed. This decision - dealing with substantial similarity (or lack thereof) between two sets of stick figures - is among the latter.

 

HTMLFCC's New Closed Captioning Rules Kick Into Gear
Edwin Komen, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 19, 2012, previously published on September 12, 2012
New FCC regulations on closed captioning of IP-delivered video programming have caught many by surprise even though they have been in the works for the past two years. Many of those who will be directly impacted by the new rules may still be unaware of the rapidly approaching compliance deadline of...

 

HTMLA Copyright Office Double-Header
Edwin Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 5, 2012, previously published on June 27, 2012
The Copyright Office recently published two little-noticed, but potentially far-reaching, announcements in the Federal Register. Collectively they tend to restrict the definitions of “claimant” and “compilation” for purposes of copyright registration. The first, noticed as a...

 

HTMLSublicenses by Exclusive Licensees of Copyrights - Copyright "Clarification" May Change the Law
Edwin C. Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 30, 2010, previously published on August 16, 2010
A change in the rules on copyright licensing may be coming in the near future and from an unexpected and unanticipated source. The rules deal with whether the owner of an exclusive copyright license may sublicense such right without the approval of the licensor. The clear and unequivocal answer in...

 

HTMLCopyrights: First Amendment Trumps Copyright Restoration
Edwin C. Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 11, 2009, previously published on April 2009
On April 3, 2009, the District Court for Colorado entered a groundbreaking copyright decision, treading on new judicial territory by directly applying the First Amendment to invalidate a provision of the Copyright Act.

 

HTMLHot News Meets DMCA
Edwin C. Komen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 25, 2009, previously published on March 6, 2009
The case before Judge Castel involved the same news gathering icon and was styled Associated Press v. All Headline News Corp. (decided on February 17, 2009, United States District Court for the Southern District of New York, 08 Civ. 323(PKC)).

 


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