Recently in Intellectual Property Law Category

Imagine e-book utopia. Billions of books, nearly every significant work ever written, available electronically through an electronic library. Want to flip through some Faulkner? Click. Peruse Peruvian history? Click. Find the answer to the meaning of life and everything? It’s 42, and you can find that with a click or two too.

The HathiTrust is not that utopia, nor is Google Books. They could be, but the restrictions placed upon them in the name of copyright protection limits their use to that of a glorified catalog. The user inputs a search query and the HathiTrust digital library will tell them where to look, down to the book and page number. The user can then find the book in a library or purchase it elsewhere. The only exception is for print disabled individuals, who are granted full access to the library’s catalog.

Anyone remember that pair of Nicholas Cage abominations masquerading as "superhero films" from a few years back? Yeah. Those were awful. They also led to this lawsuit.

Though Marvel already had a horse-riding "Ghost Rider" character as early as 1966, freelance writer Gary Friedrich proposed a man on a motorcycle in 1972. Credit for the flaming skull head and the "pact with Satan to save [loved one's] life" cliché are still in dispute.

It sounds like Shepard Fairey should have fought back.

During the 2008 election cycle, Fairey used a 2006 Associated Press photograph to create his Barack Obama “Hope” design. The AP sued Fairey, who initially claimed fair use. He later settled the matter out of court, according to Photo District News.

Today, however, the Second Circuit Court of Appeals issued a decision in a similar copyright infringement lawsuit, which suggests that Fairey was actually right about the fair use doctrine.

Aereo is an Internet-based service that transmits recorded broadcast television programs to subscribers while the programs are airing on broadcast television. The New York Times explains that it "essentially turns a subscriber's phone, computer or tablet into a small television set, but without the rabbit ears that would normally be needed."

The company doesn't have a license from copyright holders to record or transmit those programs; a fact not lost on the broadcasters that rely on fees to stay afloat. The broadcasters sued Aereo for copyright infringement, but the Second Circuit Court of Appeals ruled in a 2-1 decision on Monday that Aereo is okay because its tiny antenna business model conforms to the circuit's ruling in Cartoon Network v. CSC Holdings.

Some of us suffered through law school with the hope of a designer-shoe-filled future serving as our light at the end of the tunnel. For us, the day Christian Louboutin sued Yves Saint Laurent for trademark infringement was the BEST. DAY. EVER.

But the Second Circuit’s decision in the Louboutin-YSL red-soled shoe showdown left a void in our lives. So it’s with great joy that we announce that Monsieur Louboutin was kind enough to return to the Second Circuit for an encore performance involving a court order in the case.

To give the order context, let’s review the facts leading up to the most recent installment in this stylish dispute.

There are plenty of perks that came with being a Gen Y child: Goonies, slap bracelets, and Mall Madness. The first incarnation of New Kids on the Block. And participation ribbons. Y-ers get a pat on the back just for showing up.

Wednesday, the Second Circuit Court of Appeals decided to apply the "everyone wins" spirit of the We Generation to the most important intellectual property decision of our time: the Louboutin-Yves St. Laurent (YSL) red-soled shoe battle. Their decision? Christian Louboutin's sole deserves trademark protection, but Yves St. Laurent didn't infringe that trademark with its monochromatic shoes.

Google has changed how we search, email, and navigate. It’s altered how we tell our friends to find their own answers. It’s a part of the zeitgeist.

Google also dreams of changing the way that we read books, but achieving that dream is a legal nightmare that has made its way to the Second Circuit Court of Appeals.

Where do we draw the line between fair use transformation in art and derivative images that constitute copyright infringement?

In 2009, the dominant fair use question involved Shephard Fairey's appropriation of an Associated Press image for his Barack Obama "Hope" design. Fairey conceded that "Hope" was based on an April 2006 AP photograph by Mannie Garcia. The AP sued Fairey, claiming that he didn't have permission to use the photograph, and that he must offer a photo credit and compensation. Fairey settled the matter in 2011, according to Photo District News.

Now the Second Circuit Court of Appeals is considering a similar copyright infringement lawsuit between artist Richard Prince and photographer Patrick Cariou, but the stakes are much higher.

Imitation may be the sincerest form of flattery, but it's also cause for damages in a trademark infringement lawsuit.

Monday, U.S. District Judge Shira Scheindlin ruled in favor of Gucci on four of five contested issues in the companies' trademark infringement litigation. Gucci had claimed that Guess and its licensees knocked off Gucci designs, producing items that featured the brand's diamond-shaped logoed pattern, square "G" design, a signature script and tri-striped motif, reports Women's Wear Daily.

If you thrive on the drama of the Christian Louboutin-Yves Saint Laurent (YSL) red-soled shoe litigation, or any fashion litigation, then the Second Circuit Court of Appeals is a great place to get your fix.

While the Second Circuit is expected to issue its sole decision soon, we're guessing that red soles will soon make way for the appellate court to evaluate the power of the letter G in the Gucci v. Guess litigation.

What are the similarities and differences between these cases?