SCOTUS: It’s not the intent that counts
Ron ColemanDisgorge, infringers! Disgorge!
The new fuzzy logic of copyright damages (Best of 2016)
First posted on June 17, 2016. What’s all this about the Supreme Court and copyright damages? Pretty thorough analysis of yesterday’s SCOTUS #Kirtsaeng judgment#copyright https://t.co/IPXtq9xFH3 — Managing IP (@ManagingIP) June…
The new fuzzy logic of copyright damages
What’s all this about the Supreme Court and copyright damages? Pretty thorough analysis of yesterday’s SCOTUS #Kirtsaeng judgment#copyright https://t.co/IPXtq9xFH3 — Managing IP (@ManagingIP) June 17, 2016 This one, then, is…
Best of 2013: The superheroes of trademarks
Originally published on April 15, 2013.What could be more superheroic, after all, than splitting one trademark into two sources of origin? Maybe trying to make some sense out of how…
The superheroes of trademarks
What could be more superheroic, after all, than splitting one trademark into two sources of origin? Maybe trying to make some sense out of how courts award relief in trademark…
Money for nothing
Dead horse? You’d think so. Copyright statutory damages, that is. We’ve been there, and done that, right? Not according to Larry Zerner, who says the calls are still coming in:…
Default of da system? Or, “Tally Ho!”
Via this patently entertaining post I was alerted to this somewhat more analytical one by Venkat Balasubramani, with Eric Goldman riding shotgun, decrying the $100 million default judgment entered in…
Copyright injunctions – plus ça change
Last summer I mentioned the new law in the Ninth Circuit — or, as I insisted, the clarification of the existing law — to the effect that a copyright plaintiff…
Righthaven – Media Bloggers Association files amicus brief
I’ve written a little bit about the Righthaven lawsuits before. Now, as reported in the Las Vegas Sun, on behalf of the Media Bloggers Association I’ve helped write something that…
Oy, Tenenbaum
A while ago I wrote a little piece linking to Doug Lichtman’s exploration of the Tenenbaum copyright case, which Harvard law professor Charles Nesson said would be a “a public…
“Infinity Dollars” — IP damages and the jury, Part 2
(Part 1 is here.) So. In light of the decision in the Thomas-Rasset case, which I first rounded up in part 1 of this first-ever two-part LIKELIHOOD OF CONFUSION® odyssey,…
“Infinity Dollars”: IP damages and the jury, Part 1
A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed more…
Best of 2009: “Infinity Dollars” — IP damages and the jury, Part 1
A lot of people, including judges, lawyers and civilians, don’t seem to really understand what statutory damages are all about. They are not supposed to be a windfall (discussed more…
The Nutty Ninth
Ron ColemanMichael Atkins: The Ninth Circuit yesterday addressed the question: “whether an award of statutory damages for trademark counterfeiting under 15 U.S.C. § 1117(c) precludes an award of attorney’s fees under…