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Infringement

Robin Thicke Has Got to Give It (Over $7.3M) Up in Lawsuit Result

Robin Thicke Has Got to Give It (Over $7.3M) Up in Lawsuit Result

Let’s get it on Right now, Robin Thicke must hate the blurred lines of copyright infringement. According to reports, a U.S. district court jury in Los Angeles recently ruled in favour of the Marvin Gaye estate, concluding that the authors of 2013’s song of the summer, “Blurred Lines”, are liable for copyright infringement. Fresh off […]

A Dose of Consistency: SCOTUS Settles the Controversy in Teva v Sandoz for Patent Litigation

A Dose of Consistency: SCOTUS Settles the Controversy in Teva v Sandoz for Patent Litigation

In Teva Pharmaceuticals USA Inc  v Sandoz Inc, a patent infringement case evolved into an opportunity for the Supreme Court of the United States (SCOTUS) to settle a decades-long controversy regarding how the Federal Circuit should review patent construction claims. By convention, the Federal Circuit has reviewed such claims de novo, ignoring Rule 52(a) of […]

Grooveshark Fails to Navigate DMCA Safe Harbor

Grooveshark Fails to Navigate DMCA Safe Harbor

The recently announced decision of the United States District Court in Manhattan, UMG v. Escape Media Group (Grooveshark), serves to further elucidate the terms on which service providers can expect legal protection if their users are found to be uploading infringing content. More importantly, it gives us an excellent example of the differences between the US […]

Up the creek without a paddle: downstream exclusion threatens Qualcomm.

Up the creek without a paddle: downstream exclusion threatens Qualcomm.

With echoes of the blockbuster Apple v Samsung case (see past IPilogue coverage here, here and here), The United States International Trade Commission (ITC) announced on Oct 6th that it will move ahead with a section 337 investigation into patent infringement claims made against Samsung Electronics Co. Ltd by NVIDIA Corp. The plaintiff alleges infringement of seven of its patents. This claim could potentially […]

Making the CBC/Radio-Canada’s Giant Castle More User-Friendly

Making the CBC/Radio-Canada’s Giant Castle More User-Friendly

The culture industries appear to be at a crossroads. Shifting advertising practices as well as audience viewing and consumption habits continue to contribute to new challenges and opportunities for media and entertainment providers throughout the world. With its new “A Space for All of Us” strategy, Canada’s national public broadcaster – the Canadian Broadcasting Corporation/Radio-Canada […]

Has the Supreme Court Delivered a Knock-Out Blow to the Entertainment Industry?

Has the Supreme Court Delivered a Knock-Out Blow to the Entertainment Industry?

And so the sparring will go another round. On May 19th the United States Supreme Court delivered its decision on Patrella v Metro-Goldwyn-Mayer, allowing Paula Petrella to pursue her copyright infringement claim against MGM Studios despite her decision to wait 18 years to file suit. As a result, the Supreme Court has essentially informed the […]

Privacy rights out of focus as Colorado court zooms in on First Amendment

Privacy rights out of focus as Colorado court zooms in on First Amendment

In Kristina Hill, Brian Edwards and Thomas Privitere v Public Advocate of the United States, a homosexual couple who had posted an engagement photo on their blog were devastated to discover that the image had been used in two political advertisements that opposed same-sex marriage. After realizing the advertisements had been sent to several thousand […]

Will Amazon Get Burned for Playing with Fyre?

Will Amazon Get Burned for Playing with Fyre?

Has Amazon, the hero of online shopping and home of the Kindle, become the newest provider of pay-per-view porn? According to WREAL, the company behind the adult entertainment streaming device and website FyreTV®, this is just a taste of the confusion apparently created by the launch of Amazon’s similarly named Fire TV. Consequently, attorneys on […]