Ninth Circuit Holds County’s Advertising Restriction on “Disparaging Material” Unconstitutional

By Justin K. Powley and David G. Barker The Ninth Circuit held yesterday in American Freedom Defense Initiative v. King County that a county’s advertising program on public buses that rejected advertisements on the basis of disparaging material violates the First Amendment’s free speech clause and therefore is unconstitutional. King County provides public transportation in the Seattle metropolitan area and sells advertising space on the exterior of public buses. The County generally accepts all advertisements that do not contain prohibited content, including: false statements, disparaging material, or content that may disrupt the transit system. American Freedom Defense Initiative submitted a   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged ,

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Sick Again

Sick Again

Posted in Copyright Litigation | Tagged

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SCOTUS to Consider Copyright Registration Circuit Split

By Peter R. Montecuollo and David G. Barker The Supreme Court of the United States granted certiorari in Fourth Estate Public Benefit v. Wall-Street.com to resolve a long-standing split among the United States Circuit Courts of Appeals concerning whether copyright owners must wait to file infringement suits until the United States Copyright Office has registered their works.  For instance, the Fifth and Ninth Circuits apply the “application approach,” which permits copyright owners to file infringement suits once upon applying for copyright registration.  Other circuits, including the Tenth and Eleventh Circuits, apply the “registration approach.”  In those circuits, failure to secure   Read More »

Posted in Copyright Litigation, IP and Technology Litigation | Tagged , , ,

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Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

By Trisha Farmer Lau and David G. Barker In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The court recognized there was no bright line answer to this now oft-litigated issue, when it affirmed summary judgment in favor of the defendants, “because DRK is a nonexclusive licensing agent for the photographs at issue and has failed to demonstrate any adequate ownership interest in the copyrights to confer standing.” DRK Photo (“DRK”) licenses stock photos created   Read More »

Posted in Copyright Litigation | Tagged ,

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Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

By Jacob C. Jones and David G. Barker In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service.  Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed the injunction, agreeing that Disney, Fox, and Warner were likely to prevail on their copyright infringement and technology circumvention claims and that VidAngel’s fair use defense would fail. VidAngel provided customizable filters that enabled users to skip scenes or silence objectionable content streamed to their devices.  The end-user purchased a newly-released DVD or Blu-ray disc from VidAngel, who would hold the physical media   Read More »

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