Recent Articles

Proving Damages in an Emerging Industry: Lessons from Waymo v. Uber

By Ronald T. Coleman Jr. and Anne Horn Baroody – May 14, 2019 | The case illustrates the efforts plaintiffs should undertake to tie their damages to the specific misappropriation.

Early (and Detailed) Disclosure of Trade Secrets: The Battle at the Heart of Trade Secrets Litigation

By David M. Caves – May 14, 2019 | The cases are not uniform and continue to provide plenty of ammunition for both sides.

Recent Practice Points

Iancu v. Brunetti: Trademark Registration Uncensored

By Micah Rappazzo – June 26, 2019 | The likely effect of registration on consumer perception of uncouth marks is unclear.

With Alice Possibly Fading, Williamson Commands Attention

By Joe Edell – June 26, 2019 | If Congress enacts these proposed changes into law, focus will likely shift from section 101 to section 112(f) of the Patent Act as a vehicle for challenging validity early in patent litigation.

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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