直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

SCOTUS Hands Initiative to Congress on State Immunity

March 24, 2020

World Intellectual Property Review

On March 23, 2020, the Supreme Court of the United States (SCOTUS) issued its decision in Allen v. Cooper, stating that the Copyright Remedy Clarification Act of 1990 is unconstitutional because it denies states sovereign immunity. In the case, a videographer tried to sue North Carolina for infringing his footage of Blackbeard’s sunken pirate ship. World IP Review interviewed Finnegan partner Margaret Esquenet for her thoughts on the decision.

Margaret believes the decision opened the door to legislative reform in favor of copyright owners, as the court encouraged Congress to weigh in. Margaret said, “The court suggested that not all was lost, at least for future rightsholders. The decision provided a map for copyright owners to seek congressional action for a more narrowly tailored law targeting intentional and reckless infringement by state entities.”

Read the full article here.

Tags

sovereign immunity, Supreme Court of the United States (SCOTUS)

Related Practices

Trademark and Brand Management

Copyright

Related Industries

Communications

Media

Hospitality, Gaming, and Leisure

Related Offices

Washington, DC

Related News

Commentary

Levi’s Has Filed 2 New Lawsuits This Year to Protect Its Red Tab Trademark

July 9, 2026

Commentary

Zync Fights Block of ITC Trade Secret Case Against BMW

June 24, 2026

Press Release

BMW Obtains Preliminary Injunction Against Zync; Federal Court Orders Zync to Halt ITC Trade Secret

June 23, 2026

Commentary

BMW Secures Injunction Forcing Zync to Seek Stay of ITC Trade Secret Case

June 23, 2026

Commentary

U.S. Judge Rules Forum-Selection Clause Bars Zync from Pursuing ITC Trade Secret Case

June 15, 2026

Commentary

Finnegan Taps Partner from Kirkland to Boost IP Team

June 12, 2026

Award/Ranking

World Trademark Review Recognizes Three Finnegan Partners on its 2026 Global Leaders List

June 24, 2026

Award/Ranking

Finnegan Earns Top Rankings in the 2026 Legal 500 U.S. Guide

June 10, 2026

Award/Ranking

Forbes Names Finnegan Partner Erika Harmon Arner on its Inaugural 2026 America’s Top Women Lawyers List

June 5, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP