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The Supreme Court's Kimble decision reminds licensors and licensees to evaluate post-expiration royalties with care.

On Nov. 17, 2017, the United States Court of Appeals issued its decision in Original Appalachian Artworks, Inc. v. JAKKS Pac., Inc., --- F'Appx. ----, 2017 WL 5508498 (11th Cir. Nov. 17, 2017).

A licensee successfully invoked the "most-favored" licensee clause in its paid-up lump-sum license agreement to retroactively apply the more favorable price terms of a later paid-up lump-sum...

Companies can strengthen their patent portfolios by anticipating potential disputes long before litigation arises. Marshall Gerstein partner Ryan Schermerhorn explains how patent prosecution, portfolio monitoring, and enforcement should function as interconnected parts of a unified strategy rather than isolated stages of the patent lifecycle.

Conflict is brewing among the United States Courts of Appeals as to when a musical artist's use of a sample from another artist's musical work is non-infringing.

When a BTS hit single shares its title and core elements with an unreleased demo, the resulting federal copyright lawsuit becomes a critical case study in proving access through digital paper trails, substantial similarity analysis, and supply-chain liability in the modern music industry. The dispute highlights how digital sharing platforms have transformed copyright litigation by generating precise evidence of access, while raising crucial questions about independent creation defenses and the legal respons

Recently the Supreme Court granted certiorari in two cases of interest to the business com-munity. Absent extensions, which are likely, amicus briefs in support of the petitioners will be due on April 7, 2006, and amicus briefs in support of the respondents will be due on May 12, 2006.

The attempt by a group of hotel owners to condemn the conduct of their management company as "commercial bribery" in violation of Section 2(c) of the Robinson-Patman Act met an inhospitable result when the U.S. Court of Appeals for the Second Circuit affirmed the trial court's dismissal of the complaint on May 20.

Millions have flocked to movie theaters to watch the much anticipated movie Fifty Shades of Grey based on the trilogy by E L James.

You've formed your company, and you've qualified to do business (if you haven't, see last week's blog). But more than that, you've engaged a third-party web designer (not your employee) to create a web site for you.

Having passed both the US House and Senate, the Music Modernization Act ("MMA") is about to be signed into law—a signing ceremony is scheduled for today.

Whilst the negotiations with the EU to reach an agreement over Brexit are still in progress, as the exit date approaches the UK Government has taken action to accelerate preparations for an unlikely ‘no deal' scenario.

If you send e-mail messages to customers and prospective customers, you should take note of the new Federal Trade Commission guidelines implementing the federal CAN-SPAM law which became effective on January 1, 2004.

What can a trademark licensee do when the licensor files for chapter 11 protection? The answer, at least for now, depends on where the debtor's chapter 11 case is venued.

Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success.

The Supreme Court recently issued opinions in two important intellectual property cases clarifying the scope of protection for rightsholders facing fair use and parody defenses.

Next month, the EU is reportedly poised to announce a policy initiative that would establish a sweeping new framework for fair, reasonable, and nondiscriminatory licensing in the European Union.