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U.S. Enacts the “CASE Act,” Providing An Alternative, Small-Claims Venue For Copyright Enforcement
02/12/2021
At the very end of 2020, Congress enacted new legislation that will provide a streamlined process for adjudicating small-claim copyright infringement cases. The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”), included as part of the COVID-19 Relief Bill, establishes a new Copyright Claims Board (“CCB”) to oversee claims of copyright infringement that do not exceed $30,000. Some see this is an efficient solution for those seeking to adjudicate minor copyright disputes, while others view this legislation as a potential avenue for attacks on everyday internet users who may lack the resources to track and opt out of these proceedings.
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Popular Video Game “Call of Duty” Is Given Artistic Protections For Purposes of Defending Against Trademark Claims
04/26/2020
A recent trademark decision in the Southern District of New York has extended First Amendment protections generally reserved for works of art to the popular video game “Call of Duty.” Analyzing video games as expressive works for purposes of federal trademark claims has widespread legal implications for video game manufacturers and distributors, allowing them an important shield against allegations of trademark infringement.
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Tiger King: The Trademark and Copyright Infringement Actions at the Center of the Feud Between Joe Exotic and Carole Baskin
04/15/2020
Netflix’s “Tiger King” has become one of the streaming service’s most popular series in the last few weeks, documenting the years-long fight between Joe Exotic (né Schreibvogel), the self-proclaimed “Tiger King,” and Carole Baskin, founder and CEO of Big Cat Rescue Corp. (“Big Cat Rescue”). The feud led to three separate intellectual-property lawsuits that bankrupted Exotic and serve as a cautionary tale as to how competitive antics can have severe legal consequences.
Art Law Blog