Thinking of embedding someone else’s video on your website? Be careful!
Richardson v. Townsquare Media, Inc., No. 25-291 (2d Cir. April 23, 2026)
The Second Circuit assumed, without deciding, that unauthorized embedding constitutes copyright infringement. It held that Townsquare’s use of the video was not fair under Section 107 of the Copyright Act,More
SCOTUS finds internet service providers not liable for users’ infringement
In a recent unanimous decision, the Supreme Court reversed a Fourth Circuit decision and held that internet service providers such as petitioner/defendant Cox Communications, Inc.More
TTAB British Virgin Islands entities can claim §44(d) Priority Basis
In CandyVerse, LLC v. Zeeth Ltd., the Trademark Trial and Appeal Board (“TTAB”) addressed an issue of first impression, holding entities organized in the British Virgin Islands are entitled to claim priority under Section 44(d) of the Trademark Act even though the Virgin Islands is not party to a treaty with the United States that confers a right of priority.More
TRENDS TO WATCH IN 2026
Artificial Intelligence
USA
Second Circuit affirms $900,000 attorneys’ fee award against attorneys who pursued unreasonable trademark infringement case. Balestriere Fariello v. Gimlet Media, Inc., No. 24-2155 (2d Cir. Oct. 15, 2025).
In 2015, Reply All Corp., which owned a Registration for REPLYALL for “Computer services,More
USA
Anthropic case settled: Bartz v. Anthropic, No. C 24-05417 (N.D. Cal.)
In 2024, three authors filed a class action against Anthropic, maker of the AI chatbot Claude.
During discovery, plaintiffs learned that Anthropic purchased millions of new and used books,More
USA
USA – Ninth Circuit Affirms Dismissal of Drag Queen’s Claim Against Netflix
Lance Hara, a “well-known Drag Queen in Hollywood” professionally known as Vicky Vox, sued Netflix. The suit concerned Netflix’s use of Vox’s likeness and persona (but not her name) in an animated series,More
Bartz v. Anthropic PBC
In the last week, two different federal district judges in the Northern District of California issued rulings in the first substantive decisions addressing whether use of extensive copyrighted material to train generative AI models is permissible fair use.More
