Trademark and Copyright

We are pleased to announce that Thomas Zutic has been named chair of our Trademark, Copyright & Media practice in Washington, DC.  Congratulations, Tom!

Please see DLA Piper’s press release below:

Zutic’s intellectual property practice
Continue Reading DLA Piper names Thomas Zutic chair of Trademark, Copyright & Media practice in Washington, DC

By Tamar Duvdevani and Matthew Ganas (with contributions from Michael Varrige)

The Copyright Act (the “Act”) permits copyright holders to bring civil infringement actions in federal district courts to enforce the exclusive rights provided
Continue Reading SCOTUS INVITES SOLICITOR GENERAL’S POSITION ON COPYRIGHT REGISTRATION PRE-SUIT REQUIREMENT

By: Frank Ryan and Matt Ganas (with contribution from Michael Varrige)

The California federal district court, in Davis v. Electronic Arts Inc., recently issued the latest in a series of decisions involving athletes’ right
Continue Reading ATHLETES’ RIGHT OF PUBLICITY CLAIMS DIRECTED TO SPORTS VIDEO GAMES NOT PREEMPTED BY COPYRIGHT ACT

By: Ruth Hoy and James Tighe

On 6 September 2017, the EU Commission published its position paper setting out the main principles that will govern its attitude to Brexit negotiations with the UK on intellectual
Continue Reading THE EU COMMISSION SETS OUT ITS POSITION ON BREXIT NEGOTIATIONS OVER INTELLECTUAL PROPERTY RIGHTS

By Melinda Upton and Claire Kermond (Sydney)

In the retail and fashion industries, names and marks are a key element of the marketing strategies and longevity of brands.  Using generic marks or names can land retailers and fashion designers in trouble when it comes to successfully trademarking and protecting their brand.
Continue Reading WHAT’S IN A NAME? ISSUES FACING GENERIC NAMES AND MARKS

By Rohan Singh, Jessica Noakesmith and Brett Shandler

Universal Music Australia Pty Limited v TPG Internet Pty Ltd [2017] FCA 435 (28 April 2017) (Universal Music)

Last week in the Federal Court


Continue Reading IF YOU CAN’T BEAT THEM, BLOCK THEM. SECTION 115A STRIKES AGAINST PIRACY WEBSITES, THIS TIME FOR THE MUSIC INDUSTRY

By Tamar Duvdevani

On March 22, 2017, in a 6-2 decision authored by Justice Thomas, the United States Supreme Court ruled that the designs on Varsity Brands’ cheerleading uniforms are eligible for copyright protection.  The crux of this decision relates to the fact that the United States Copyright Act treats the copyrightability of “useful articles” differently than “pure” works of art.  Specifically, the Act states that: “The design of a useful article, as defined in this section, shall be considered a pictorial, graphic or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.”  17 U.S.C. § 101.
Continue Reading UNITED STATES SUPREME COURT SIDES WITH COPYRIGHT OWNER IN STAR ATHLETICA CASE