Copyright Infringement

Epic Games, Inc. (“Epic”), the company behind popular video game “Fortnite,” has refused to stand down in its copyright infringement and breach of contract suit against a 14-year-old gamer. Fortnite has seen booming success as a free, online game in which players must simply consent to the Terms of Service to create an account.

The

California-based jewelry company Brighton Collectibles LLC (“Brighton”) filed suit against Macy’s Inc. (“Macy’s”) for copyright infringement. According to the complaint, Brighton alleges that Macy’s infringed copyrighted designs for Brighton’s Reno heart bracelet and necklace products.

Brighton alleges that Macy’s damaged its brand, reputation and goodwill by continuing to sell the alleged copies, despite receiving a

Sugarfina Inc. (“Sugarfina”), a high-end candy retailer, recently filed suit against competitor Sweet Pete’s LLC (“Sweet Pete’s”) alleging copyright, trademark, and trade dress infringement of its products and packaging. Sugarfina considers itself a candy retailer known for its unique and luxurious products. The complaint alleges that Sweet Pete’s uses several design elements of Sugarfina’s distinctive

A recent federal appeals court decision may lead online platforms that post user-generated content filtered by moderators to think twice before posting copyrighted material. In Mavrix Photographs, LLC v. LiveJournal, Inc., the Ninth Circuit Court of Appeals recently held that the Digital Millennium Copyright Act’s (“DMCA”) safe harbor for “infringement of copyright by reason of

The state of Georgia and the Code Revision Commission achieved a victory when a federal court granted their motion for summary judgment, holding that Georgia’s “Official Code of Georgia Annotated” (OCGA) was protected by copyright and Public.Resource.Org, Inc.’s duplication of the statutes online were not fair use.

The lawsuit was filed after Public.Resource.Org allegedly scanned

Xposure Photos Ltd., a U.K. photography company, filed suit in the Central District of California last week against Khloe Kardashian, alleging that she infringed its copyright when she posted a photo of herself and her sister, Kourtney Kardashian, to her Instagram without authorization or appropriate copyright notice. Xposure is seeking an injunction against Kardashian for

The Eleventh Circuit recently denied the Kim, Khloe, and Kourtney Kardashian’s (the “Kardashians”) motion to compel arbitration related to a trademark infringement lawsuit filed by upscale cosmetics company, By Lee Tillett (“Tillett”). The parties are now set to litigate the matter in the United States District Court for the Middle District of Florida.  Tillet produces

A federal judge recently held that an unauthorized “Star Trek” fan film created by Axanar Productions was “objectively substantially similar” to Star Trek. The court found that Axanar sought to make a “professional production” with a trained crew, including many individuals who had worked on authentic Star Trek productions, while raising over $1 million in

Another important copyright decision is in—this time from the Second Circuit Court of Appeals in Authors Guild v. Google, Inc. Plaintiffs—authors of copyright protected books—brought an action for infringement against Google, claiming that its digitization of millions of books without Plaintiffs’ permission violated copyright law. The court on appeal, acknowledging that this dispute “test[ed] the boundaries of fair use,” ruled in favor of Google, allowing the search-engine to shelve this case in the W column. Below are my key takeaways from the court’s decision. First, here’s what you need to know about the case: Google scanned millions of books—without permission from the rights holders—and made them accessible to Internet users, who in turn, could search and view randomized pages (snippets) of the books on Google’s site (Google Books) for free. Google did this as part of its Library Project. With nearly twenty million books digitized from some of the world’s largest libraries, Google Books is a powerful research tool that provides users with information not “obtainable in lifetimes of searching.” So why did the court conclude Google’s unauthorized copying of millions of books didn’t violate copyright law? Fair use, of course! Here are the key legal takeaways from the decision:
Continue Reading The Second Circuit Turns the Page on Plaintiffs’ Google Books Copyright Suit

In a verdict on March 10, a Los Angeles federal jury decided “Blurred Lines,” written by Robin Thicke and Pharrell Williams, substantially borrowed from Marvin Gaye’s 1977 classic “Got To Give It Up” without permission. As a result, the jury awarded the family of the late soul singer more than $7.3 million in damages.

In