Archive for category Lawyers

Who’ll Stop the Rain of Infringement

Creedence Clearwarter Revival sang it best: Long as I remember The rain been comin’ down. Clouds of myst’ry pourin’ Confusion on the ground. Good men through the ages, Tryin’ to find the sun; And I wonder, Still I wonder, Who’ll stop the rain. For as long as we can remember, the rain of infringements been […]

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How Copyright Trolls Lighten Your Wallet

What is a group of trolls called? A gaggle, a craven, a drool, a pollution? Scanning the Internet, we actually found a discussion about this and a crèche of trolls seems to be the most popular. We pondered this subject as we’ve seen an infestation of trolls (good one, right?) regarding copyright lately. In two […]

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Learn The Rules Like a Pro, So You Can Break Them Like an Artist – Part 1

The title above is a wonderful quote by Pablo Picasso and sets the table for our next two articles. One of the great tragedies in the history of sports, is the fact that Jim Thorpe’s Olympic records are still not officially recognized more than a hundred years after he won them. Jim Thorpe, an American […]

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Statute of Limitations, Limitations

A lot of people have been asking about the 3-year statute of limitation for filing an infringement lawsuit. It’s taken us a while, because legally, from experience in these matters, it’s not a simple answer. As most legal questions, this question contains many shades of grey, well beyond the popular 50 shades. We know, unfortunately, […]

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Supreme Court Ruling on Two Copyright Issues

The Supreme Court of the United States (SCOTUS)  just issued two decisions, both by 9 -0 votes directly affecting the rights and legal remedies available to copyright owners who choose to protect their work either defensively or by bringing an action for money damages for infringement. As we have written, lectured, screamed and cajoled for decades, […]

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Big Mistakes Into Small Opportunities

The two of us love great quotes, like almost every quoted line in Young Frankenstein (what’s not to love). Here’s one by the great writer Henry James (1843 – 1916) that is not as famous as Igor’s “What hump?”, but probably more meaningful for this column – “She had an unequalled gift, usually pen in […]

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What They Know and How They Know It

With the dramatic increase in substantial copyright litigation recoveries, the costs of intellectual property litigation and upon the often insistence of insurance companies that have to pay for infringements, more and more law firms are engaged in the practice of “Risk Management”. In lay terms this means that litigators are brought in to “teach” ad […]

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Copyright Troll – Part 2

Just in time for Halloween comes a droll “troll” decision by Judge Denise Cote out of the United States District Court for The Southern District of New York. The Southern District is the federal court that covers Manhattan, The Bronx, Westchester and Rockland Counties. Several months ago we wrote about a decision made by Judge […]

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Expert Witnesses – Part Two

In selecting an expert witness experienced trial attorneys employ a veritable or actual list of factors to consider.  While the fees that an expert charges may be the foremost thought in the client’s head, it is almost never at the forefront of the litigator’s checklist. The quality more valuable than any other is that of credibility. Such […]

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Our Expert Opinion on Expert Witnesses

There are many online “experts” these days, whose only qualification is a keyboard and an Internet connection. But go to trial, into court and “Expert Witnesses” are serious assets who can be critical to winning or losing a case. One of the most commonly misunderstood legal terms is that of “Expert Witness”.  Most non-lawyers – […]

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