Post-Sale Confusion

Traditionally, the main purposes of trademark law are consequentialist by nature. They are to reduce consumer search costs and to create incentives for producers to invest in product quality. If the source of a good is unclear or confusing, then markets will function less efficiently because consumers will expend wasteful resources searching for goods of a particular quality and producers, who will not derive the full benefit of their investments in product quality,.. Read More

Oracle v. Google and the Brain Teaser of API Copyright Protection

Since the beginning of the digital revolution, copyright law has had to adapt to the advent of new technologies and their impact on the world of creation. Software protection, mainly, raised a lot of issues that still fuel the judicial debate. Indeed, while it is well established that software can be copyrighted as literary works, the extent of the protection keeps on raising questions. In early cases, courts recognized the copyrightability of original.. Read More

1970s Musicians v. UMG & Sony: A Second Chance or Works For Hire?

On February 5, 2019, UMG Recordings (UMG) and Sony Music Entertainment (Sony) were sued by a group of musicians in a class action separately in Southern District of New York for violation of musicians’ right to a “second chance” under 17 U.S.C. §203, and thus violated §106 for copyright infringement, by refusing to honor termination notices stating their intention to reassert their copyrights over certain works. The group of musicians, with named plaintiffs.. Read More