Because ISP acted as a conduit for the transmission of material that allegedly infringed copyright, it fell under the DMCA safe harbor in 17 U.S.C. § 512(a), and therefore § 512(h) did not authorize the subpoena issued in the case. Some copyright owners needed to find out who was anonymously infringing their works, so they [...]
Neal & McDevitt is honored to have again been named to the annual World Trademark Review 1000 along with six of the firm's attorneys. We are grateful to be recognized alongside other esteemed professionals around the globe, reinforcing our shared commitment to the highest standards of practice in trademark law. Congratulations to Kevin McDevitt, Christina [...]
Plaintiff photographer sued defendant news website for copyright infringement over a photo of Ted Nugent that defendant used in an online article. The lower court granted summary judgment for defendant, finding that its use of the photo was fair use. Plaintiff sought review with the Fourth Circuit. On review, the court reversed, applying the factors set out [...]
A recent federal court case alleging breach of contract over failure of software to perform highlights the importance of careful drafting and review of disclaimer and other language in technology contracts. Loss of livelihood In 2021, a federal court entered an order that permanently barred plaintiff from preparing tax returns for other people. The court’s [...]
In the realm of online communities, where does the ownership of trademark rights lie – with the platform hosting the community or the individual user who creates and develops it? The intriguing case involving Reddit and the founder of the well-known r/WallStreetBets subreddit presents a scenario that addresses this question concerning online communities and intellectual property rights. [...]
In the recent breach of contract case in federal court in New York, we learn about what it takes for a copyright licensee to successfully assert that a warranty from the licensor as to copyright ownership has been breached. Licensee’s unsuccessful efforts to verify the truth of the facts warranted provided a key basis for [...]
A federal court in New York has denied the motion to dismiss filed by Chinese online platforms Alibaba and AliExpress in a lawsuit brought by a toymaker alleging that these companies’ merchant customers were engaged in contributory trademark and copyright infringement through the online sale of counterfeit products. Background of the Case Plaintiff toymaker accused [...]
Dissenting in the court’s refusal to rehear an appeal en banc, Judge Elrod of the Fifth Circuit Court of Appeals – joined by six of her colleagues – penned an opinion that sharply criticized the broad immunity granted to social media companies under Section 230 of the Communications Decency Act. The dissent emerged in a case [...]
The great thing about generative AI is that it is generative. It results in the creation of new content in an efficient way, drawing on vast sources of data. But with that power comes the potential for bumping into issues that range from intellectual property protection to data privacy concerns to reputation management in the [...]
This past weekend Elon Musk announced plans to rebrand Twitter as X. This strategic shift from one of the most recognized names and logos in the social media realm is stirring discussion throughout the industry. This notable transformation raises a broader question: Can a company still have rights in its trademarks after rebranding? What might [...]
