On September 4, 2024, the Court of Appeals for the Second Circuit decided Hachette Book Group, Inc. v. Internet Archive, denying the online digital repository’s ability to copy and distribute copyright-protected works for free, and without permission, to the general public. Internet Archive creates digital copies of print works for posting on its site, making …
New Approved AVAs
The Tax & Trade Bureau of the U.S. Department of the Treasury has approved four new American Viticultural Areas (AVAs) this year: Contra Costa, Comptche, Yucaipa Valley, and Upper Cumberland. The first three are in California, and the Upper Cumberland AVA is in Tennessee. An AVA is the US designation of appellation of origin (AO), …
Copyright Damages for Timely Claims Regardless of Infringement Date
Resolving a circuit split on the issue of damages in copyright infringement cases, the U.S. Supreme Court held, in a 6-3 decision, in Warner Chappell Music, Inc. v. Nealy, 601 U.S.___ (2024), that a copyright infringement claimant is entitled to damages in a timely filed action regardless of when the infringement occurred. Justice Kagan wrote …
DEA Confirms Cannabis Rescheduling
It was announced that the U.S. Drug Enforcement Administration (DEA), the federal agency responsible for enforcement of federal drug laws, will take up the recommendation from the U.S. Health and Human Services (HHS), and reschedule marijuana (cannabis) from the current Schedule I to Schedule III under the Controlled Substances Act (CSA). Rescheduling will have major …
Ninth Circuit: No SHIFT+DELETE for Server Test
The issues where technology and intellectual property laws collide were discussed in the Ninth Circuit’s opinion in Hunley v. Instagram, LLC,[1] decided on July 17, 2023. In Hunley, the Ninth Circuit re-affirmed the so-called Server Test limiting liability for copyright infringement. Facts Plaintiffs Alexis Hunley and Matthew Brauer both posted their photographic works on their …
Limitations on Federal Trademark Law Reach: No Extraterritoriality Under Lanham Act
This posting reviews the last IP case decided by the U.S. Supreme Court in its 2022 term. As mentioned before, the keyword among these cases is “limitation.” The consensus of the Court is that there are limitations on the breadth of particular areas of IP law. These limitations will affect the IP holder’s rights, as …
Limitations on Transformative Use: SCOTUS Finds Nothing Transformative in Warhol’s Use of Goldsmith’s Prince Photo
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases is “limitation.” There are limitations on the breadth of particular areas of IP law. These limitations will affect the IP holder’s rights, as well as those who are infringing those rights. …
Limitations of the 1st Amendment in Trademark Cases: the Dog Toy Case
Reviewing the last U.S. Supreme Court 2022 term, the highest court decided several high-profile cases involving intellectual property rights. The keyword among these cases – two trademark, one copyright, and one patent – is “limitation.” What does this mean? The various laws implicated by these opinions do not operate in a vacuum and work in …
The Enablement Requirement Requires More Than Just “Two Research Assignments,” says SCOTUS
On May 18, 2023, the U.S. Supreme Court released its long-awaited decision in Amgen Inc. v. Sanofi,[1] which touches on a formal requirement for patentability, the enablement requirement. In a unanimous ruling, the Supreme Court held that where a patent claims an entire genus, the specification must enable one skilled in the art to make …
U.S. Patent No. PP35,001 P3 Blueberry Plant Named ‘C15-270’
U.S. Patent No. PP35,001 P3 (‘001) issued on February 28, 2023 for “Blueberry Plant Named ‘C15-270’.” It was issued to inventors Jessica Scalzo & James W. Olmestead and applicants/assignees Costa Berry International Pty Ltd. of Ravenhall, Australia, and Florida Foundation Seed Producers, Inc., of Marianna, Florida. The ‘001 patent is a plant patent under 35 …