A subpoena enforcement action in the Ninth Circuit concerned the movie studio Capstone Pictures’ DMCA claim against internet service provider Cox Communications. Capstone alleged that Cox violated the Digital Millennium Copyright Act (“DMCA”) by not suspending the accounts of users who were downloading and sharing its movie Fall. At issue was section 512 (“512”) of…

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Apple v. ZeroDensity was a civil action in the Eastern District of Virginia in which Apple appealed a TTAB ruling. ZeroDensity, which had applied to register the marks REALITYHUB, REALITY ENGINE, and REALITY KEYER, filed an opposition to two of Apple’s trademark applications, REALITY COMPOSER and REALITY CONVERTER.  Alleging that Apple’s marks were merely descriptive,…

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“Reprehensible” is a strong word, but that’s how a state court described the conduct of Phillips 66 in a trade secret case brought by the much smaller Propel Fuels. Propel Fuels, Inc. v. Phillips 66 Company was a case in the Superior Court of California that arose after a long courtship between the two companies…

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Lorente-Garcia v. Giraldo-Navarro et al. was a case in the Southern District of Florida concerning two songs: 1998’s “Algo Diferente,” and 2021’s “Don’t Be Shy.” The composer of the earlier song filed suit against the singers of the new song, alleging copyright infringement. Unfortunately, plaintiff relied on a so-called “expert witness” who had been a…

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