In the coming months, the Ninth Circuit en banc will decide Sedlik v. von Drachenberg, a relatively straightforward infringement case that asks whether a tattoo copied from a photograph of Miles Davis was substantially s ...
A good portion of what has gone on with the IEEPA refund cases has been fast moving and covered at a high level in the various forms of the press. There were, however, a couple of developments last week which are worth h ...
On September 16, 2026, the Ninth Circuit held that a generative AI model does not “remove or alter” copyright management information (“CMI”) under Section 1202(b) of the Digital Millennium Copyright Act (“DMCA ...
On August 27, 2026, the Fifth Circuit became the first court of appeals to reject the Ninth Circuit’s “server test” for copyright’s public display right, scrapping that test in favor of a new “transmit requirem ...
On August 4, 2026, the Ninth Circuit vacated the district court’s permanent injunction barring VIP Products from selling its “Bad Spaniels” dog toy and directed entry of judgment for VIP on Jack Daniel’s claim fo ...
All importers are anxious to get the IEEPA[1] duties paid refunded. However, there are some legal issues working their way through the system which are causing somewhat understandable delays. The most significant issues ...
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