Aaron Moss

Last week, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that a copyright owner with a timely claim for infringement can recover damages “no matter when the infringement occurred” and with “no time limit on monetary recovery.” This decision will impact companies of all sizes that use copyrighted material, as it is likely to lead to a surge of litigation based on outdated actions and could substantially increase damages awards for plaintiffs. Read more by Christopher Wiener, Sabrina Larson, and Bina Patel: #copyrightlaw #coblentzlaw

3

On Sept. 24, 2024, California Gov. Gavin Newsom signed AB 2426 into law. Beginning Jan. 1, 2025, sellers and advertisers of digital goods in California must conspicuously and explicitly disclose to consumers when a transaction will grant a license to use or access a digital good, rather than provide an unrestricted ownership interest. Read more in this #GTAlert written by edward chansky, Adil Khan and Jacob Langsner: https://bit.ly/41nb28U. #CaliforniaLaw #DigitalGoods #MarketingLaw #AdvertisingLaw #Litigation

8

The US Supreme Court most recently looked into a critical question in copyright law: how far back in time can you claim damages for copyright infringement actions? In Warner Chappell Music Inc. v. Nealy, the Court interpreted the rule governing copyright damages and the statute of limitations. Find out more in Poorvika Chandanam's new blog post : https://lnkd.in/eDiE2eeX #IPCase #copyrights #copyrightlaw #copyrightprotection #copyrightcase #copyrightact #scotus #supremecourt #infringement #copyrightinfringement #intellectualproperty #intellectualpropertylaw #iplaw #ipr #intellectualpropertyrights #legalblog #ipblog #legalupdates #caseanalysis

9

🎯 US Supreme Court Asks Justice Department's Views on Cox Communications Case The U.S. Supreme Court has requested input from the Justice Department on whether it should review a copyright case involving Cox Communications and a group of music labels. The case follows a lower court decision that overturned a $1 billion jury verdict against Cox, which had been accused of enabling its customers to pirate music. The Supreme Court is evaluating appeals from both parties regarding different aspects of the lower court's ruling. The music labels, which include Sony Music, Universal Music Group, and Warner Music Group, are challenging a decision that requires a new trial to reassess the damages Cox must pay. Meanwhile, Cox is contesting the court's ruling that holds it liable for copyright violations committed by users of its internet services. Over 50 music labels collectively sued Cox in 2018, seeking to reinstate the $1 billion judgment. They accused Cox of neglecting to act on numerous copyright infringement notices, failing to cut off repeat offenders, and not taking adequate steps to curb music piracy facilitated through peer-to-peer platforms like BitTorrent. Similar lawsuits have been filed by major labels against other internet service providers, including Charter Communications, Frontier Communications, and Astound Broadband. In 2019, a federal jury in Alexandria, Virginia, determined that Cox was responsible for $1 billion in damages for the infringement of over 10,000 music copyrights. However, the 4th U.S. Circuit Court of Appeals in Richmond reversed part of this ruling in February and ordered a new trial to reassess the damages. Contact Us DC: +1 (202) 666-8377 MD: +1 (240) 477-6361 FL +1 (239) 292–6789 Website: https://lnkd.in/gzACGYkx Mail: [email protected] Headquarters: 9009 Shady Grove Ct. Gaithersburg, MD 20877 Branch Office: 7734 16th St, NW Washington DC 20012 Branch Office: Vanderbilt Dr, Bonita Spring, FL 34134 #ipconsultinggroup | #USSupremeCourt | #CoxCommunications | #JusticeDepartment | #CopyrightCase | #MusicPiracy | #LegalBattle | #MusicIndustry | #IntellectualProperty | #CopyrightInfringement | #SupremeCourtNews | #AntiPiracy | #ISPResponsibility | #DigitalRights | #CopyrightLaw | #MusicLabels | #OnlinePiracy | #LegalDispute | #TechAndLaw | #USLegalSystem | #MusicCopyrights | #Linkedin

4

Practus partner, Tim Billick, is speaking today on copyright litigation in the context of political campaigns at the Seattle Intellectual Property Chapter of the American Inns of Court. Tim says says, “Copyright infringement lawsuits, or at least the threat of them, have long been the other running mates in political races. Campaigns unfailingly wrap themselves in the doctrine of fair use. And then it just gets more complicated from there.” We'll be putting together some takeaways of this fascinating topic soon enough. For now, you can learn more and subscribe to our Practus News to stay up to date here: https://lnkd.in/dd9yVVsc #thepractusway #practuslaw #iplaw #ip #modernattorney #clientfocused

11

3 Comments

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al., the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any timely claim and that no separate three-year limit on damages exists. As discussed in a previous article on the case, both the briefing and the oral argument underscored the importance of framing appellate questions strategically from the outset and focusing subsequent arguments on the precise question presented. Both the majority and the dissenting opinions in the recent decision reinforce these takeaways. Moreover, the dissent signals that the Court may be receptive to deciding whether the Copyright Act authorizes the discovery rule in another case—which is currently pending on the Court’s docket. Read more about the decision and its implications in this update by Jeff Fisher and Victoria Constance Huang: https://lnkd.in/gjKiWCRG #CopyrightInfringement #WarnerChappell #IntellectualPropertyLitigation #IPLitigators

1

Kibler Fowler & Cave LLP is proud to announce that it has been named to the Daily Journal Corporation’s prestigious 2024 list of Top Boutiques, which celebrates “California’s small but mighty specialized law firms.” The firm was honored in the “Commercial & Entertainment Litigation” category in a special issue dedicated to outstanding legal practices. The Daily Journal highlights Kibler Fowler & Cave’s impressive workload, driven by its rapidly growing reputation for exceptional client service. Managing Partner Michael Kibler remarked “we were immediately busy from Day One, and the phone has not stopped.” The firm’s remarkable growth has kept Kibler Fowler & Cave “constantly in hiring mode,” according to Mike, who will welcome two new attorneys, including a former assistant U.S. attorney, in November, with more hires in the pipeline. Partner Matt Cave explained the firm’s meticulous hiring process, stating that the firm prioritizes candidates “who not only are great lawyers,” but are “just nice people to work with.” This approach has attracted talent from some of the best firms in the country. The Daily Journal article underscores Kibler Fowler & Cave’s focus on key industries in Los Angeles, including real estate, finance, and entertainment. Mike leads cases involving financial services and general commercial disputes, while Partner John Fowler concentrates on entertainment and intellectual property matters, including burgeoning practices in cannabis, cryptocurrency, and blockchain. Matt’s caseload reflects a blend of complex commercial litigation and entertainment law. The article also showcases Kibler Fowler & Cave’s recent high-profile cases, such as John’s recent victory resolving a high-stakes cannabis litigation case after three years, resulting in a summary judgment and a $750,000 fee award. Additionally, Matt recently successfully settled a copyright case involving pop star Lana Del Rey and is currently pursuing a copyright suit against the Black Eyed Peas for unauthorized sampling in their recent recording. With multiple trials and arbitration hearings on the horizon, Mike notes a unique aspect of his practice: he is often brought in to replace another law firm and “right the ship again,” which speaks to the confidence clients have in his ability to navigate challenging legal waters. Read more: https://lnkd.in/ew5-H8qz

42

4 Comments

Travis Wimberly, Member, will be moderating a discussion on Shining Lights and Trademark Fights: Ornamental Uses, The First Amendment, and More in Las Vegas, NV on November 16, 2024. Their discussion will include: - Understanding what constitutes ornamental use versus trademark use. - Examining the balance between trademark protection and First Amendment rights. - Anticipating and addressing potential legal challenges the sports and entertainment industries will face based on recent case law and emerging trend. Register and learn more about the conference here: https://lnkd.in/ggiBkFRd Learn more about Travis’ practice here: https://lnkd.in/g7Gadjf4

27

We are proud to share that Foley Bezek Behle & Curtis recently resolved a major case over the improper use of Delorean trademark against NBCUniversal. This outcome represents a significant milestone in trademark law and underscores our commitment to achieving favorable results for our clients. A special acknowledgment goes firm partner, Roger Behle whose expertise and dedication were instrumental in securing this result. His exceptional work has once again demonstrated our firm's capability in handling complex legal matters. For more details on this landmark case, read the full article here: https://lnkd.in/eSsQrcwu #TrademarkLaw #LegalSettlement #FoleyBezekBehleCurtis #RogerBehle #LegalExcellence

2

Interesting result from the © Copyright Office regarding the new rule regarding payment of streaming royalties.   This has been a gray area for some time in light of the policy by the Mechanical Licensing Collective. It will be interesting to see how this impacts ongoing and future litigation in this area. It looks like the Supreme 🏛️ Court (or at least one justice) is considering taking up another patent case involving the standard of review of post grant review proceedings. Looks like we need to stay tuned until September to see if they will potentially take up the case. #SupremeCourtJustice #StreamingRoyalties #CopyrightOffice #MechanicalLicensingCollective #LegalNews #IntellectualProperty

2

1 Comment

Thanks to Law360 for publishing our article on the new privacy litigation trend in California -- Song-Beverly Credit Card Act claims based on online transactions. And thanks to Desirée Hunter-Reay for helping write it. Hopefully, we can nip this trend in the bud before it turns into another CIPA Pen-Trap situation. https://lnkd.in/gvgyrFMz

11

#lawsuitoftheweek: Monsanto Roundup Lawsuit ⚖️ Judicial Concerns: Judge Chhabria in the California MDL has requested a joint case management statement to address concerns about plaintiffs’ Roundup lawyers potentially handling more cases than they can effectively manage, ensuring that each case receives adequate attention. 🏛️ Legislative Movements: The House Appropriations Committee voted on the Fiscal Year 2025 Interior, Environment, and Related Agencies Appropriation Act, which includes language to protect Bayer in ongoing lawsuits. Although the vote followed party lines, with Republicans in favor and Democrats opposed, the bill faces significant challenges in the full House and Senate. 🔄 Ongoing Trials: A Philadelphia Roundup trial was voluntarily dismissed by the plaintiff after most claims were dismissed due to the statute of limitations. The family of the deceased plaintiff plans to appeal. Despite this setback, Roundup litigation continues with over a dozen trials scheduled to begin this summer. While a global settlement in 2024 seems unlikely, the ongoing activity makes it an opportune time to get involved in Roundup litigation. Stay tuned as we continue to monitor developments in the Roundup litigation. #legalnews #legalupdates #masstorts #tortexperts

2

Pryor Cashman Partner Robert deBrauwere and Associate Scott Resnick co-authored a client alert detailing the recent amendments to the California Consumer Privacy Act (CCPA) signed into law by Governor Gavin Newsom on September 28, 2024. These amendments introduce significant changes, including the inclusion of neural data as a category of sensitive personal information and the expansion of the definition of personal information to include AI systems. Businesses will need to carefully review their data practices to comply with these updates, set to become operative on January 1, 2025. Read more here: https://lnkd.in/evkWy2xt #PryorCashman #CCPA #CaliforniaConsumerPrivacyAct #CyberSecurity #DataPrivacy

13

On 12 June, the U.S. District Court for the Eastern District of California preliminarily enjoined the California Attorney General and all private enforcers of California Proposition 65 from filing new lawsuits to enforce Proposition 65’s warning requirement for exposures to titanium dioxide. Read our insights here. https://lnkd.in/gzCQTp4X #cosmetics #consumer #productslaw

1

In this issue of Dechert Re:Torts, we cover the Supreme Court’s intervention in the Medical Marijuana, Inc. v. Horn case, Gilead’s appeal on the contours of manufacturers’ duties under California tort law, the MDL court’s assessment regarding reliable methodologies and more. Learn about each of these topics below.

9

In today's #FMG blog, Thomas Livingston discusses the amended California Code of Civil Procedure Section 2016.090 (SB 235). Learn more on how it affects initial disclosure and sanction requirements related to discovery abuse in the link below. #FMGLaw #TortandCatastrophicLoss #CivilProcedure #California https://lnkd.in/ekJvY_sq

11