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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

The defendant, Kalita Mukul Creative, ran community-focused newsletters. It’s a small operation, with a 2022 budget of under $1M/year. Covington & Burling defended KMC, apparently pro bono. The defendant conceded summary judgment on liability, and the court held a trial on damages. Not willful.

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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

This legal battle is significant because Lululemon only recently entered the sneaker market in 2022. Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. The case was settled in 2022. Lululemons unexpected success may have played a role in Nikes decision to take legal action.

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A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)

Eric Goldman

By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1.

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

To plead a violation of Section 1202(b), a copyright holder must also establish that the defendant knew, or had reasonable grounds to know, that their actions would “induce, enable, facilitate, or conceal” copyright infringement. 2022), cert. Ice Portal, Inc., 4th 1313, 1320 (11th Cir. denied, 143 S. 736, 214 L. 2d 385 (2023).

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Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello

Eric Goldman

The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a piano that users could play to earn points within the game. On this basis, the court distinguished VHT v.

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Nintendo’s Aggressive Intellectual Property Strategy: A Case Study in Patent Enforcement

Brett Trout

Nintendos Legal Crusade Between 2022 and 2024, Nintendo launched numerous lawsuits and legal actions, shutting down fan projects, modding communities, and emulator developers. This legal onslaught raises important questions about patent enforcement, fair competition, and the broader impact on the gaming community.

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Judge Grants Temporary Restraining Order in Favor of IYO, Preventing OpenAI From Using ‘IO’ Trademark

Brett Trout

District Judge Trina Thompson issued a temporary restraining order barring the defendants from using the name “IO” to market their new AI device—at least for the time being. IYO argues OpenAI and Ive’s studio knew about the IYO brand since at least 2022. IYO claims “IO” sounds too much like its own brand.

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