The U.S. Supreme Court held that laches cannot be invoked as a defense against a claim for patent infringement damages brought within the 6-year damages limitation period specified in the Patent Act, 35 U.S.C.§286. The Supreme Court extended its holding in copyright law … [Read more...] about Laches Not A Defense If Patent Infringement Occurs Within Six Years
Willful Infringement Required to Recover Profits for Trademark Infringement
The Court of Appeals for the Federal Circuit held that plaintiff could not recover defendant’s profits garnered from its trademark infringement because the jury found no willful infringement by defendant. In Romag Fasteners, Inc. v. Fossil, Inc., No.14-1856 (Fed. Cir. 2016) … [Read more...] about Willful Infringement Required to Recover Profits for Trademark Infringement
Waiting Too Long to Bring Copyright Infringement Suit – Laches No Bar Claim If Any Infringement Within Three Years
The Supreme Court, in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), (available here), held that the defense of laches was not available to preclude adjudication of copyright infringement action brought within 17 U.S.C.S. § 507(b)’s 3-year limitations period for … [Read more...] about Waiting Too Long to Bring Copyright Infringement Suit – Laches No Bar Claim If Any Infringement Within Three Years
Copyright Plaintiffs Recovery Limited To Three Years – U.S. Supreme Court
The U.S. Supreme Court has capped all copyright infringement damages by limiting those damages to a three year period prior to the filing of suit. Petrella v. Metro-Goldwyn-Mayer, Inc., case no. 12-1315 (May 19, 2014) (available here). Moreover, the doctrine of estoppel may bar … [Read more...] about Copyright Plaintiffs Recovery Limited To Three Years – U.S. Supreme Court
“Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
To the Batmobile, but only the authentic one! Batman’s Batmobile is subject to copyright protection because it is an especially distinctive character in the Batman world, according to the District Court of the Central District of California. D.C. Comics v. Towle, Case No. … [Read more...] about “Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
