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Documents on Intellectual Property, Apparel, Entertainment & Sports
 

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HTMLFederal Circuit Affirms In Motiva Appeal (2012-1252)
Alexander B. Englehart, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
May 23, 2013, previously published on May 21, 2013
On May 13, 2013, the Federal Circuit issued its opinion in Motiva, LLC v. Int’l Trade Comm’n (2012-1252). This was an appeal by Motiva, LLC (“Motiva”) from the International Trade Commission’s (the “Commission”) final determination in Certain Video Game...

 

HTMLALJ Bullock Issues Notice Regarding Remand Determination In Certain Video Game Systems And Wireless Controllers (337-TA-770)
John F. Presper; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
May 10, 2013, previously published on May 9, 2013
On May 7, 2013, Chief ALJ Charles E. Bullock issued a notice of Remand Determination (“RD”) in Certain Video Game Systems and Wireless Controllers and Components Thereof (Inv. No. 337-TA-770).

 

HTMLAppropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
May 1, 2013, previously published on April 29, 2013
In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement to the “fair use” defense to a claim of copyright...

 

HTMLALJ Shaw Denies Motion For Protective Order And Motion For Summary Determination In Certain Gaming And Entertainment Consoles (337-TA-752)
John F. Presper, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
April 12, 2013, previously published on April 10, 2013
On April 8, 2013, ALJ David P. Shaw issued the public version of Order No. 45 (dated September 27, 2012) denying Respondent Microsoft Corporation’s (“Microsoft”) motion for a protective order precluding Complainants Motorola Mobility, Inc. and General Instrument Corp....

 

HTMLALJ Shaw Issues Remand Initial Determination Finding No Violation Of Section 337 In Certain Gaming And Entertainment Consoles (337-TA-752)
Lisa M. Mandrusiak, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
April 8, 2013, previously published on April 5, 2013
On April 2, 2013, ALJ David P. Shaw issued the public version of the Remand Initial Determination (“RID,” dated March 22, 2013) in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (Inv. No. 337-TA-752).

 

HTMLSupreme Court Holds that the “First Sale” Doctrine Protects Importation and Sale of Books and Recordings Lawfully Manufactured and Acquired Abroad
Jonathan A. Loeb, Jeffrey Rosenfeld; Bingham McCutchen LLP;
Legal Alert/Article
March 28, 2013, previously published on March 26, 2013
On March 19, 2013, in a 6-3 decision, the Supreme Court of the United States decided Kirtsaeng v. John Wiley & Sons, Inc., holding that the “first sale” doctrine gives owners of books or recordings that were “lawfully made” in foreign countries the right to import those...

 

HTMLALJ Shaw Issues Notice of Remand Initial Determination in Certain Gaming and Entertainment Consoles (337-TA-752)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
March 27, 2013, previously published on March 25, 2013
On March 22, 2013, ALJ David P. Shaw issued a notice of the final initial remand determination (“RID”) in Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof (Inv. No. 337-TA-752).

 

HTMLGrades for Football Prospects Copyrightable, But Sports Writer Not Offside in Use
Proskauer Rose LLP;
Legal Alert/Article
March 26, 2013, previously published on March 2013
Information about NFL draft prospects is not something that one would normally think of as a literary work, unless perhaps written up by, say, Coach Ernest “Papa” Hemingway. But a federal court recently ruled that grades assigned to NFL draft prospects by a scouting firm are...

 

HTMLSpring Fashion Season: The Time is Ripe for Rip-Offs and the Industry Still Awaits a Remedy
Lica Colwell; Nexsen Pruet, LLC;
Legal Alert/Article
March 21, 2013, previously published on March 18, 2013
It’s March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square mid-month for fashion fans to enjoy a week of shows featuring new designs and clothes from local stores. It is a lot of fun and, actually, very big...

 

Adobe PDFRights in Data - Football Dataco Case Goes to UK Court of Appeal
Mayer Brown LLP;
Legal Alert/Article
March 12, 2013, previously published on March 2013
The long-running Football Dataco case, relating to rights in data and infringement on the internet, has now reached the UK Court of Appeal. The judgment is good news, not just for those exploiting information about sports matches (which has given rise to several cases already) but also those with...

 


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