IP 101: Intellectual Property Management In The Digital Age; Forbes, March 4, 2019

Danae Vara Borrell, Forbes; IP 101: Intellectual Property Management In The Digital Age

"So, how do brands facing a high number of counterfeits leverage classic IP rights and technology to implement an effective online IP strategy and prevent brand erosion?

Many brands are streamlining processes by enforcing their IP rights, using technology-based solutions that rely on artificial intelligence (AI) and detect potential incidents on behalf of right owners. However, to be effective, the best AI-driven systems should take a holistic approach to brand protection by consolidating tools and actions on a single platform, providing full visibility on all the different types of infringements negatively impacting a company’s reputation such as black, grey and white market goods."

Supreme Court Clarifies That, Yes, You Have to Register Your Copyright, and No, You Cannot Recover Your Expert Witness Fees in Copyright Cases; Lexology, March 5, 2019

Squire Patton Boggs - Joseph A. Meckes and Theresa Rakocy, Lexology; Supreme Court Clarifies That, Yes, You Have to Register Your Copyright, and No, You Cannot Recover Your Expert Witness Fees in Copyright Cases 

"In a pair of unanimous rulings on March 4, 2019, the Supreme Court clarified (1) that the U.S. Copyright Office must issue a registration certificate before a plaintiff can commence suit and (2) that a prevailing plaintiff cannot recover fees for expert witnesses, jury consultants or other “costs” that are not specifically called for in the relevant statutes."

‘Mockingbird’ Producer Reconsiders, Letting Local Plays Go Forward; The New York Times, March 1, 2019

Michael Paulson and Alexandra Alter, The New York Times; ‘Mockingbird’ Producer Reconsiders, Letting Local Plays Go Forward

"Mr. Rudin defended his actions in a brief statement, saying, “As stewards of the performance rights of Aaron Sorkin’s play, it is our responsibility to enforce the agreement we made with the Harper Lee estate and to make sure that we protect the extraordinary collaborators who made this production.”

But he also blamed the situation on the Dramatic Publishing Company, which is run by Christopher Sergel III, Mr. Sergel’s grandson, saying it had erred in issuing licenses to present the play to theaters that should not have received them. Mr. Rudin has argued that a 1969 agreement between Ms. Lee, the author of the novel, and Dramatic Publishing bars productions by theaters within 25 miles of a city that in 1960 had a population of more than 150,000 people, as well as productions using professional actors, when a “first-class” production is running on Broadway or on tour.

“We have been hard at work creating what I hope might be a solution for those theater companies that have been affected by this unfortunate set of circumstances, in which rights that were not available to them were licensed to them by a third party who did not have the right to do so,” Mr. Rudin said. “In an effort to ameliorate the hurt caused here, we are offering each of these companies the right to perform our version of ‘To Kill a Mockingbird,’ Aaron Sorkin’s play currently running on Broadway.”...

“Unfortunately this issue has been the shot heard ’round the fine arts world over recent days,” said Davis Varner, the president of the board of the Theater of Gadsden, a community theater in Alabama that is planning to stage the Sergel version this month. The theater is not near a big city, so its rights appear to be unchallenged, but Mr. Varner issued a statement referring to Mr. Rudin as “the bully from Broadway” and said, “I am saddened and disappointed for those groups who have been forced to cancel their productions through no fault of their own.”

Others took to social media to vent their unhappiness.

As great as the new version on Broadway is, Scott Rudin's strongarming of local theater companies to shut down their versions of To Kill a Mockingbird seems repressive and anti-art.

— david maraniss (@davidmaraniss) March 1, 2019"

Mongols Biker Club Can Keep Its Logo, Judge Rules; The New York Times, February 28, 2019

Louis Keene and Serge F. Kovaleski, The New York Times; Mongols Biker Club Can Keep Its Logo, Judge Rules

"Nearly two months after a federal jury decided that a notorious motorcycle club must forfeit the rights to its trademarked emblem, a judge on Thursday nullified the verdict, finding that seizure of the intellectual property was unconstitutional. 

In a 51-page ruling, Federal District Judge David O. Carter said the government’s strategy of trying to devastate the Mongols motorcycle club by confiscating its treasured Genghis Khan-style logo would violate the group’s First Amendment right to free speech and the excessive fines clause of the Eighth Amendment."

A professor is accused of stealing a student's invention to make millions; CNN, March 1, 2019

Neil Monahan and Saeed Ahmed, CNN; A professor is accused of stealing a student's invention to make millions

"The University of Missouri-Kansas City has filed a lawsuit against a former professor, alleging that he stole and sold his graduate student's research for $1.5 million."

University of California boycotts publishing giant Elsevier over journal costs and open access; Science, February 28, 2019

Alex Fox, Jeffrey Brainard, Science; University of California boycotts publishing giant Elsevier over journal costs and open access

"The mammoth University of California (UC) system announced today it will stop paying to subscribe to journals published by Elsevier, the world’s largest scientific publisher, headquartered in Amsterdam. Talks to renew a collective contract broke down, the university said, because Elsevier refused to strike a package deal that would provide a break on subscription fees and make all articles published by UC authors immediately free for readers worldwide.

The stand by UC, which followed 8 months of negotiations, could have significant impacts on scientific communication and the direction of the so-called open-access movement, in the United States and beyond. The 10-campus system accounts for nearly 10% of all U.S. publishing output and is among the first U.S. institutions, and by far the largest, to boycott Elsevier over costs. Many administrators and librarians at U.S. universities and elsewhere have complained about what they view as excessively high journal subscription fees charged by commercial publishers."

Community Theaters Kill 'Mockingbird' Productions After Lawsuit Threat; NPR, March 1, 2019

Matthew S. Schwartz, NPR; Community Theaters Kill 'Mockingbird' Productions After Lawsuit Threat

"From Massachusetts to Utah, small community theater productions of "To Kill a Mockingbird" are being shut down under threat of a lawsuit by the producer of the new Broadway production."