Samuel Eichner
New York
Senior Counsel at Norton Rose Fulbright
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Articles by Samuel Eichner
Warhol’s Ghost in the Machine: What
“After Warhol, what uses are sufficiently ‘transformative’?
U.S. Copyright Office Issues Report On Sovereign Immunity Study
United States: U.S. Copyright Office Issues Report On Sovereign Immunity Study 03 November 2021 by Samuel V. Eichner and Margaret Esquenet Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Copyright Office published a Full Report on its State Sovereign Immunity Study, announced in the wake of the U.S. Supreme Court's decision in Allen v. Cooper.
U.S. Copyright Office Issues Report on Sovereign Immunity Study
Thursday, October 28, 2021 The U.S. Copyright Office published a Full Report on its State Sovereign Immunity Study, announced in the wake of the U.S. Supreme Court’s decision in Allen v. Cooper. In Allen, the Court invalidated the Copyright Remedies Clarification Act (“CRCA”)—a law that purported to abrogate state sovereign immunity to copyright damages—and left states insulated from copyright infringement suits for damages.
SDNY: Use Of Photojournalists' 9/11 Footage May Be Fair Use
To print this article, all you need is to be registered or login on Mondaq.com. A firefighter digging through rubble. An ambulance being lifted out of the wreckage. Photographs of these and other somber scenes from downtown Manhattan on September 11, 2001 formed the basis of photojournalist Anthony Fioranelli's copyright infringement case against several media organizations that allegedly used these photos without permission.
SCOTUS To Consider Intent-to-Defraud Requirement For Copyright Registration Invalidation
United States: SCOTUS To Consider Intent-to-Defraud Requirement For Copyright Registration Invalidation 23 June 2021 by Samuel V. Eichner and Margaret Esquenet Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Supreme Court granted certiorari in Unicolors, Inc v. H&M Hennes & Mauritz, LP on June 1, 2021.
Taking Another Page from the ABA: The USPTO Enacts New Rules of Professional Responsibility for Patent Attorneys and Agents
July 23, 2021 SEC Raises Qualified Client Net Worth And Assets Under Management... by: Scott L. Beal and Maria K. Monte Indiana District Court Denies Students’ Challenge to Indiana... by: Jenifer M. Bologna and Susan D. Friedfel Biden Executive Order Aims To Fight Off Government, Private Sector... by: Sahara Williams, P.E. and Brian J. McGinnis More Money, More Problems: Top Legal Issues Facing Real Estate Fund... by: Matthew J.
SCOTUS to Consider Intent-to-Defraud Requirement for Copyright Registration Invalidation
Thursday, June 17, 2021 The U.S. Supreme Court granted certiorari in Unicolors, Inc v. H&M Hennes & Mauritz, LP on June 1, 2021.
SCOTUS Reverses Federal Circuit Finding Google's Android Platform Made Fair Use Of The Java API - Intellectual Property - United States
To print this article, all you need is to be registered or login on Mondaq.com. After eleven years of litigation, two jury trials, and multiple appeals, on April 5, 2021, Google LLC prevailed in its defense of Oracle America, Inc.'s copyright infringement claims over Google's use of Java API declaring code in early versions of the Android smartphone platform.
SCOTUS Reaches For Cup Of Java In Oracle v. Google Oral Argument
To print this article, all you need is to be registered or login on Mondaq.com. On October 7, 2020, the Supreme Court held oral arguments in Google LLC. v. Oracle America, Inc. The case raises interesting questions about the protectability of computer code, the intersection between copyright and patent law, and the appropriate standard of review of jury determinations on fair use. The outcome could have longstanding repercussions for the protection and use of software. What is an API?
Finding No Intent To Abandon, TTAB Holds Rights In CHICLETS Stick - Intellectual Property - United States
To print this article, all you need is to be registered or login on Mondaq.com. In Retrobrands USA LLC v. Intercontinental Great Brands LLC, the Trademark Trial and Appeal Board (TTAB) found that Retrobrands failed to prove that the well-known trademark CHICLETS for chewing gum had been abandoned. The TTAB also found that Intercontinental affirmatively established intent to resume use.
Lucky Brand Strikes Gold After SCOTUS Rejects Marcel's Defense Preclusion Argument
To print this article, all you need is to be registered or login on Mondaq.com. Lucky Brand Dungarees, Inc. won its latest legal battle against Marcel Fashions Group, Inc.—this time at the U.S. Supreme Court. Lucky Brand's victory allows it to mount a contractual defense based on a 17-year-old settlement agreement in its third round of litigation with Marcel over the companies' respective LUCKY-formative trademarks.
Justices Voice Reservations About A Bright-Line Genericness Test In Booking.com
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Instagram Terms Of Use Allows Mashable To Avoid Copyright Infringement Claim For Embedded Content
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Supreme Court Holds States Are Immune From Copyright Infringement Claims
To print this article, all you need is to be registered or login on Mondaq.com. The Supreme Court handed down its unanimous decision in Allen v. Cooper this week, finding the Copyright Remedies Clarification Act (CRCA) was an unconstitutional abrogation of state sovereign immunity. In rejecting Allen’s arguments under both Article I and the Fourteenth Amendment of the U.S. Constitution, the decision relied heavily on Florida Prepaid v.
Control Panel Design Not Protectable By Copyright Under Star Athletica
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Control Panel Design Not Protectable by Copyright Under Star Athletica | Lexology
Despite the existence of a copyright registration, the SDNY recently dismissed a copyright infringement claim for the control panel of a portable clothes dryer system, finding that the registered design covered a non-copyrightable utilitarian article. Plaintiff Town & Country Linen Corp.
Is Willfulness A Prerequisite To Trademark Damages? SCOTUS Hears Oral Argument
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Oral Arguments in Allen v. Cooper Pit Court Precedent Against Rising Tide of State Copyright Infringement
“Ultimately, there seems no practical justification for allowing state actors to infringe copyrights with impunity.” The Supreme Court heard oral argument in Allen v. Cooper (Case No. 18-877) on Monday, November 5, 2019. Petitioner Allen claims that the State of North Carolina infringed his copyrights in images and video of the salvage of Blackbeard’s famed pirate ship. Relying on the Copyright Remedies Clarification Act (CRCA), Allen seeks monetary damages against the State.
SCOTUS: Pending Application is Not Enough - Copyright Registration is a Prerequisite to Filing Suit | Lexology
The U.S. Supreme Court rendered a unanimous decision in an opinion penned by Justice Ruth Bader Ginsburg regarding whether 17 U.S.C. § 411’s requirement that “registration” must be “made” requires the Copyright Office to issue a registration (the “registration approach”), or merely requires plaintiff to apply for one (the “application approach”) before a lawsuit is filed.
TVEyes Television Watch Service Not Protected by Fair Use | JD Supra
In Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the Second Circuit reversed a district court decision finding that a television broadcast search and watch service made fair use of Fox’s copyrighted content. The Court’s analysis both preserved and distinguished its prior ruling in Google Books, focusing on the market harm TVEyes’s service caused Fox, which outweighed the “modest” transformativeness of TVEyes’s service.
Embedding a Third Party Tweet Constitutes Copyright Infringement | JD Supra
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