Defense Waives $3.4 Million Defense in Copyright Case
February 27, 2020 In a somewhat baffling case, the U.S. Court of Appeals for the Seventh Circuit recently remanded a copyright case back to the district court due to an undeveloped record relating to whether the plaintiff was entitled to a $3.6 million statutory damages award based on the infringement thirty-three separate illustrations. Sullivan v. […]
Read more ...
U.S. Supreme Court Holds that Copyright Application Insufficient to File Infringement Lawsuit
March 6, 2019 In a unanimous decision, the U.S. Supreme Court has held that actual copyright registration, as opposed to merely filing an application for registration, is a prerequisite to bringing a copyright infringement claim in federal court. Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 U.S. LEXIS 1730 (Mar. 4, 2019). […]
Read more ...
Beyonce, Playboy, and Tesla Sued By Blind Users For Non-Compliant Websites Under The ADA
February 15, 2019 What do Beyonce’s Company, Playboy, Tesla, and Williams-Sonoma have in common? They have all been recently sued by visually impaired plaintiffs in New York federal court for websites that allegedly violate the American Disabilities Act (ADA) and similar state statutes. The allegations focus on features, which are allegedly missing from the defendants’ […]
Read more ...
True Story – My Insurance Carrier Applied a “War Exclusion” to Deny My Cyber Claim
January 24, 2019 You heard that correctly. Mondelez International recently filed a complaint in Illinois alleging that Zurich American Insurance Company denied coverage for a malicious cyber incident pursuant to a war exclusion that was previously only used in times of hostile conflicts. Complaint, Mondelez Int’l, Inc. v. Zurich Am. Ins. Co., No. 2018-L-011008 (Cook […]
Read more ...