Recent Articles

Patent Law’s Goldilocks Rule: Anticipatory Suit Exception to the First-to-File Rule

By Aaron Frankel and Nobumasa Hiroi – February 7, 2017 | Accused infringers must show that the controversy is sufficiently immediate but was not filed in anticipation of imminent litigation.

Trade Secrets Venue Considerations

By Daixi Xu and Brent Caslin – February 7, 2017 | Venue selection can be vital to the outcome of a case.

Recent Practice Points

Want Fries with that Trademark?

By Tommy Tobin and Jeannie Heffernan – March 13, 2019 | Two recent developments involving fast-food giants provide important lessons in trademark prosecution and management.

SCOTUS Ruling Provides Bright-Line Rule on the Registration Requirement for Filing Copyright Lawsuits

By Trevor W. Barrett – March 13, 2019 | The Fourth Estate decision reconciles a circuit split.

Audio

Picture This: Litigating Copyright Infringement of Photographs

Digital technology has led to an explosion of litigation regarding the infringement of photographs. This program will explore strategies for claimants and defendants in copyright photography litigation through an examination of recent cases. The panel will feature experienced copyright litigators Kevin McCulloch and Cynthia Arato, along with Mickey Osterreicher, General Counsel of the National Press Photographers Association.

State of Play: Copyright Protection for Pre-1972 Sound Recordings

Federal copyright law does not protect sound recordings created prior to February 15, 1972. A spate of lawsuits over the last several years has sought to establish the scope of state law protection for such pre-72 recordings. This program will explore the current landscape in the wake of those lawsuits. (59:54 min.)

Roundtables

Picture This: Litigating Copyright Infringement of Photographs

Digital technology has led to an explosion of litigation regarding the infringement of photographs. This program will explore strategies for claimants and defendants in copyright photography litigation through an examination of recent cases. The panel will feature experienced copyright litigators Kevin McCulloch and Cynthia Arato, along with Mickey Osterreicher, General Counsel of the National Press Photographers Association.

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