In a historic vote, the people of Great Britain have chosen to leave the European Union in what has been dubbed “Brexit.” Many clients have registered their trademarks through the Community Trade Mark (“CTM”) system, now known as the European Union Trade Mark (“EUTM”), with the expectation that protection extends to the United Kingdom. Similarly, many clients have protected their inventions and novel designs via the European Patent Office (“EPO”) with rights extending to the UK. Rest assured that there is no emergency; there will be no immediate impact on intellectual property protection for at least 2 years as new trade arrangements are negotiated. While it is predicted that the British Parliament will pass legislation to ensure the continuity of CTM/EUTM trademark rights in an independent UK trademark system, clients might consider filing a national-level UK trademark application as a precaution. Patent rights in the UK should be entirely unaffected by Brexit, however, since the EPO is not an European Union institution and operates independently.
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Led Zeppelin Wins ‘Stairway to Heaven’ Copyright Trial
The legendary English rock band Led Zeppelin won a high-profile copyright infringement case on Thursday, after a California federal jury rejected claims that the opening to their famed megahit “Stairway to Heaven” was stolen from a song by the band Spirit.
The jury found that there was a reasonable chance that Jimmy Page or Robert Plant of Led Zeppelin had heard the song “Taurus” by Spirit, before they wrote “Stairway to Heaven” and could have copied it, but decided that the two songs were not “extrinsically similar.” The jury was instructed that while the two songs might share similarities like chord progression, common musical elements such as chord progressions are ineligible for copyright protection.
Attorneys for the Plaintiff contended that evidence showed that the similarities between the two songs went beyond simple chord progression, and that Randy Wolfe of Spirit, deserved writing credit on the megahit and some of the millions of dollars the song had earned in the previous years.
The jury disagreed, finding that the original parts of “Taurus” were not similar to “Stairway to Heaven” and awarded the Plaintiff no amount of damages. Attorneys for the Plaintiff indicated that an appeal may be forthcoming.
Jurnid Sessions
The Firm is proud to sponsor Jurnid’s second installment of “State of Miami’s Tech Hub, Real vs. Hype | Q2.” The event, which features esteemed panelist from the start-up community, is scheduled for Thursday, June 30, 2016 at 6:30PM at 120 SW 8th Street, Miami, FL 33130. Some 250 entrepreneurs and professionals will be in attendance.
Ninth Circuit Breaks from Sixth; Recognizes De Minimis Exception to Song Sampling Copyright Infringement
Recognizing that it was taking an unusual step, the Court of Appeals for the Ninth Circuit deliberatley broke from Sixth Circuit precedent in VMG Salsoul, LLC v. Madonna Louise Ciccone when it determined that the 0.23 second sample of horns which was copied from an earlier song titled “Love Break” was de minimis, and therefore, did not constitute copyright infringement.
Supreme Court grants district courts the discretion to award enhanced damages for egregious patent infringement
The Supreme Court issued a unanimous decision earlier this week in Halo Electronics, Inc. v. Pulse Electronics, Inc., granting district courts the discretion to award enhanced damages up to three times the amount found or assessed, pursuant to 35 U.S.C. §284, against those guilty of patent infringement, however, limiting the award to “egregious cases of misconduct beyond typical infringement.” The decision reverses the Federal Circuit’s two-part test, established in In re Seagate Technology, LLC, as inconsistent with the language of §284. Seagate, which required the patent owner to satisfy an objective and subjective test before a court could increase damages for willful infringement, was found to be “unduly rigid” and confined the ability of district courts to exercise the discretion §284 conferred on them. For more on this case, visit http://www.supremecourt.gov/opinions/15pdf/14-1513_db8e.pdf.
Apple Hit With Unfavorable Patent Ruling in China
Apple has been ordered to cease sales of both the iPhone 6 and iPhone 6 Plus in Beijing, after the Beijing Intellectual Property Office ruled that the aforementioned models violate the design patent held by the company Shenzhen Baili, for its 100C phone.
Apple quickly downplayed the ruling, stating in a press release that an appeal had already been filed, that would allow the phones to stay on the market in Beijing, pending the outcome. While the decision covers only Beijing, additional lawsuits could be filed against Apple elsewhere in the country, that could attempt to use the case as a precedent if not overturned.
The decision is another indication of Chinese officials increasing scrutiny of the company, amidst already growing concerns about the company’s relationship with China.