Intellectual Property

Copyright law affects one’s rights and ability to use another’s work, including writings, drawings, photographs, paintings, software codes, or even business plans. The purpose of copyright law is to promote the creation of works by giving authors exclusive property rights; copyright law is intended to encourage the dissemination of these… Continue reading →

Earlier this month, the Eastern District of Pennsylvania confirmed social media platforms’ immunity under the Communications Decency Act (CDA) for right of publicity violations by users and members of the platforms. Several years ago, Karen Hepp, a newscaster for Fox 29 Philadelphia and co-host of Good Morning Philadelphia, discovered that… Continue reading →

Kristel Oreto, a Philly tattoo artist, acquired nearly one million fans and followers on social media platforms Facebook and Instagram. Her following is thanks in large part to her inspiring story of weight loss, which she detailed along the way. Over the course of several years, Oreto shed more than… Continue reading →

Last July, a jury ruled that Katy Perry and her co-writers had plagiarized the Christian rap song Joyful Noise by Marcus “Flame” Gray in Perry’s creation of the 2013 hit Dark Horse; Perry was ordered to pay a $2.8 million penalty. The jury verdict was met with wide criticism; one songwriter emphasized… Continue reading →

Over 2700 additional copyright infringement lawsuits were filed in U.S. federal courts in 2018 compared to 2017. That increase was due in large part to cases that pornography studios, Strike 3 Holdings and Malibu Media, filed against John Doe internet downloaders alleging illegal downloading of the studios’ videos over file-sharing… Continue reading →

A generic trademark or brand name is one that—due its popularity or common usage—has become synonymous with a general class of products or services. Famous trademark-turned- generic product names include Thermos and Velcro. Under U.S. trademark law, generic trademarks can never be federally registered and protected under the Lanham Act… Continue reading →

Trademarks are product differentiators that help consumers recognize familiar brands that customers have come to associate with a certain perceived level of goodwill, reputation, quality, taste, consistency, and style. A form of shorthand, a unique signature of sorts, a trademark signals to consumers the source or origin of a particular… Continue reading →

How long does a copyright owner have to bring suit for copyright infringement? The answer is three years from the date of the last infringement, regardless of when the very first infringement occurred. Copyright law follows the “separate-accrual rule,” which provides for a new three-year statute of limitations each time… Continue reading →