Copyright in the digital age is complex for both holders and users. Technical innovations have made enforcement as well as compliance more challenging to negotiate. For more than 50 years, Finnegan has been a leader in copyright protection and counseling. Among other distinctions, Managing Intellectual Property has consistently recognized Finnegan for its copyright work in the United States since 2008. Across our offices in Germany, the UK, and the US, we know how to navigate complexities in the ever-changing copyright landscape, particularly in light of the growing prevalence of artificial intelligence (AI) in all areas of business, and we help clients maintain a competitive edge as both owners and users of copyrighted works.
Companies and associations in diverse industries from around the world count on us to protect and enforce their copyrighted works, reduce the likelihood of copyright infringement claims, negotiate licensing deals and other agreements, and counsel on copyrightability and non-infringing use. We represent a wide range of copyright clients, including software developers, publishers, multibillion-dollar entertainment companies, music rights holders, video game companies, manufacturers, nonprofit organizations, standard-setting entities, major retailers, defense contractors, associations, and pharmaceutical companies.
Our services include:
Finnegan helps clients achieve key objectives by combining legal and policy knowledge to provide strategic counseling on emerging legislative and regulatory issues pertaining to copyright and copyright-adjacent issues. We understand how to promote clients’ interests before the U.S. Congress, the U.S. Copyright Office, and other agencies. Our services include general legislative and committee strategy, as well as analyzing and drafting legislation, and developing congressional committee testimony. We also advise on proposed regulations, prepare written comments in response to requests from federal agencies for public feedback, and testify on behalf of clients at public forums.
Software | Databases | Music | Film | Literature | Art | Dramatic Works | Videos | Tests and Exams | Fashion | Digital Content | Choreography | Podcasts | Broadcasts | Audio | Video Games | Architecture | Cartoons
1:19-cv-01570, E.D. Va., Judge O'Grady
8:17-cv-01795, M.D. Fla., Judges Jung, Honeywell
2:17-cv-03027, C.D. Cal., Judges Walter, Wilner
19-10013, 11th Cir., Judges Wilson, Carnes, Branch
At the lower court, Finnegan prevailed on a Rule 12(b)(6) motion for client Subaru of America. In that suit, the plaintiff asserted trademark and copyright infringement, trademark dilution, and false advertising against Subaru’s annual “Share the Love” holiday-season campaign, which donates money from car purchases to various buyer-designated national and local charities. Subaru’s campaign uses a particular logo comprised of a heart on a hand, and various other “love”-themed designs.
The plaintiff sought enhanced damages, punitive damages over $20 million, and attorneys’ fees. Subaru’s motion to dismiss was based largely on the facial dissimilarities between the parties’ respective designs, which the U.S. District Court for the Northern District of California granted on all counts asserted in the complaint, without leave to further amend.
The plaintiff appealed to the Ninth Circuit, which affirmed the lower court’s decision after finding that the plaintiff did not plausibly allege any claim. The appeals court later denied plaintiff’s petition for rehearing. Consistent with the lower court’s opinion, the Ninth Circuit ruled that the marks at issue were so facially dissimilar that they could not plausibly create a likelihood of confusion, and affirmed the dismissal of the trademark dilution, copyright infringement, and false advertising claims for the same reasons, resulting in a complete win for Subaru.
16-16840, 9th Cir., Judges Lucero, Owens, Thomas
3:16-cv-03384, N.D. Cal., Judge Chesney
6:15-cv-00781, E.D. Tex., Judges Gilstrap, Mitchell
IPR2016-00441, -00442, PTAB, Judges Kim, Weatherly, Goodson
1:13-cv-00433, E.D. Va., Judges Buchanan, Ellis
14-2030, 4th Cir., Judges Duncan, Harris, Shedd
3:14-cv-02274, N.D. Cal., Judge Seeborg
INCONTESTABLE® Blog
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Commentary
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