IP master class
Be Careful With Copyright
Be careful when filing an application for copyright registration. It is possible to invalidate a copyright registration for intentional purposeful concealment, and you won't want to fight this in court, if you have to sue someone.
Florida's appellate court is the eleventh circuit, and the eleventh circuit issued its first decision on the 2008 amendment to the Copyright Act addressing the standard for copyright invalidation due to "intentional purposeful concealment" in Roberts, II v. Gordy, et al., Case No. 16-12284 (11th Cir., Dec. 15, 2017). According to the appellate court, the district court improperly invalidated the copyright registrations under section 411 of the Copyright Act.
Also, the defendants in this case did not properly plead invalidity as an affirmative defense. This might have been sufficient to waive this defense had the appellate court not reversed on the grounds that the district court failed to base its dismissal on facts sufficient to show intentional purposeful concealment.
According to the appellate court: “...intentional or purposeful concealment of relevant information” must be shown in order to invalidate a copyright registration. Minor inconsistencies are insufficient basis for invalidation. While this is good news for copyright owners, it is important to know what you are doing when you file an application for copyright registration. Ask for help if you are not sure .
In HTC, click below to see the holding, the court threw out a patent infringement case for a patent based on the lack of an assignment from a single inventor. This is an example of what can go wrong if you don't take care to get proper assignments from all inventors, employees and contractors. You need to make sure that you own your IP, because if you don't own it, then somebody else does! Worried? Go see https://IPmasterclass.com or contact us.
May 2017: Online Hosts Do This Now!!
Do you allow anyone to post anything to your website? Then, you need to take action now! Why? The law has changed. Under the Digital Millennium Copyright Act (DMCA), hosts of third party content are able to take advantage of a safe harbor only if the host registers and provides a take down policy for alleged infringing works posted to its website.
Specifically, you must comply with the prerequisites to qualify for the safe harbor under section 512 of the DMCA. You must register, designate and maintain a DMCA agent to receive and act on notices from copyright owners and their agents. Find out more here...
December 2016: Your Patent Disclosure Matters!
An interesting case sheds some light on what a patent disclosure needs to make an invention patent eligible. In Apple, Inc. v. Ameranth, Inc., the Court of Appeals for the Federal Circuit provides a good lesson for what patentees should and should not do. According to the court, all of the claims for a restaurant, menu-based ordering app were drawn to an abstract idea, which is a judicially created exclusion preventing patentability of some inventions that seek claims covering too broad of an idea, without any limitations about how the idea is actually applied. Learn what you need in your patent disclosure here...
October 2016:Trademark Registrations Are Worthless?
I often tell clients of Paradies® law that a trademark starts out its life with no value and only becomes valuable as good will accrues with use the mark in commerce. This usually starts a conversation about what I mean by this, and a good discussion of just what a trademark is and does follows. Good will is a foreign concept to most clients, and many don't know that good will is an important intangible that can add value to a balance sheet. Learning that the value associated with a trademark can increase (or decrease) as customers identify your company as the source of a certain quality of goods or services is an important step in understanding trademarks as IP. How valuable? The google brand has been valued at more than $150 billion. Learn more here...