Tag Archives: infringement
Copyright Litigation: Analyzing Substantial Similarity
A new article I’ve written, Copyright Litigation: Analyzing Substantial Similarity has just been published by the Practical Law Company. Think of it as Substantial Similarity in Copyright Law light. It discusses just the very basics of what you need to know when evaluating a copyright infringement claim. If you want detailed information, you still have to […]
The Practical Difference Between Contributory Infringement and Inducing Infringement in Patent Cases
The Federal Circuit’s recent decision in Toshiba v. Imation highlights a key difference between the concept of contributory infringement and inducement of infringement in patent cases. It is that an accused infringer may escape liability for contributory infringement if his product is capable of “substantial non-infringing use”, but if the accused infringer encourages infringing use, […]
L.A. Printex v. Aeropostale – Part II Substantial Similarity
The Ninth Circuit’s opinion in the L.A. Printex case offers two useful insights with respect to the manner in which courts in that circuit are to evaluate substantial similarity. The first is a re-affirmation that a court should not evaluate the intrinsic test, involving a subjective comparison of the two works, on summary judgment. The […]
Post-License Use of Trademark Is Counterfeiting
A former trademark licensee’s continued use of a trademark after termination of the license constitutes trademark counterfeiting. That is the holding in a recent District of Indiana default judgment case, Century 21 v. Destiny Real Estate. The court explained: If an unrelated entity had created an identical trademark and provided authorized goods or services (or […]
