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Articles by Stefan Szpajda
Google v. Oracle: SCOTUS Sides with Google on Fair Use, But Is The Ruling Narrower Than It Seems? | JD Supra
On April 5, 2021, the Supreme Court issued its decision in Google v. Oracle, ruling 6-2 in Google’s favor on the issue of fair use. So ends a decade-plus battle between two tech giants that many viewed as having the potential to reshape how computer programs are written and licensed across the software industry.
9th Circuit: Counterfeiting Claim Requires Court to Evaluate Likelihood of Confusion by Comparing Products as a Whole, Not Just Identical Marks. (Except When Maybe It Doesn’t.) | Dorsey & Whitney LLP - JDSupra
Does the Lanham Act require a plaintiff to show a likelihood of confusion to prevail on a counterfeiting claim? And if so, should the court simply compare the marks at issue, or look beyond them to the products themselves and other marketplace factors bearing on likely confusion? In the Ninth Circuit at least, the answer to both of these questions is now a clear yes. Except, as discussed below, when it isn’t.
Google v. Oracle: What We Learned from Oral Argument | JD Supra
On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android phones without taking a license.
Google v. Oracle: Fair Use and the Seventh Amendment | JD Supra
On August 7, 2020, Google and Oracle submitted their final written arguments to the Supreme Court regarding their decade-long copyright battle over the source code animating the Android platform. Now, we focus on the second question presented to the Supreme Court: whether Google’s copying of Oracle’s Java source code is a non-infringing fair use.
Google v. Oracle: Should SCOTUS Declare Code is an Expression or an Idea? | JD Supra
In our prior post, we introduced the controversy at the center of “the copyright lawsuit of the decade” between Google and Oracle. Since then, both parties and 61 amici have submitted their briefs to the Supreme Court. This post focuses on the first question before the Court: whether copyright protection extends to the software interfaces underlying the Java coding language. New to this dispute?
Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What? | JD Supra
On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its inception Google v. Oracle has been closely watched by commentators, earning the epithet of “copyright lawsuit of the decade.” By granting cert, the Court has agreed to consider two questions, each of which has the potential to transform copyright law and the software industry.
Attorneys May Be Expensive, But Are Their Fees “Expenses”? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
UPDATE #2: Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
UPDATE #1: Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Graffiti is Art, But Can Street Artists Sue to Protect It from Infringing Photographs? | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Home Is Where the Principal Place of Business Is | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
OG v. OB-GYN: Dr. Drai Drops the Mic on Dr. Dre | JD Supra
Stop me if you’ve heard this one before: an OB-GYN you probably don’t know named Dr. Drai applies to register his name as a trademark and ends up in a dispute with famous rapper Dr. Dre because the rapper fears there will be confusion between the names. A three-judge administrative panel decides “DR. DRAI” looks and sounds like “DR. DRE,” and agrees that Dr. Dre is really famous and that his brand is strong and distinct, but ultimately rules that there’s no risk of confusion.
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