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Published: October 13, 2022
by
Scott M. Hervey
The IP Law Blog
A jury in the District Court for the Southern District of Illinois in the case of Alexander v. Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. In this author’s personal opinion, the District Court got it all wrong.
Published: October 11, 2022
by
Lukas Clary
The Labor & Employment Law Blog
How much does that job pay? According to a new law coming to California, employers must not hide that information from employees who ask. And applicants will not even need to ask. On September 27, 2022, Governor Newsom signed into law SB 1162, which provides for pay transparency among job postings for most California employers.
Published: October 7, 2022
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
On September 29, 2022, Governor Newsom signed AB 1949, which amends the California Family Rights Act (CFRA) to require employers with 5 or more employees to provide eligible employees with 5 days of bereavement leave. Here’s what California employers need to know about AB 1949:
Published: October 6, 2022
by
Jessica R. Corpuz
The IP Law Blog
The Onion recently filed a headline-grabbing amicus brief intended to defend the rights of Ohio amateur satirist Anthony Novak. Novak created the “City of Parma Police Department” Facebook account, admittedly to exercise his “fundamental American right” of “[m]ocking our government officials.” His posts to the account included mock advertisements for a “Pedophile Reform event” and a program intended to starve the homeless to encourage them to leave the area. Soon after, the police department obtained a search warrant, seized his phone and laptop, and arrested Novak for disrupting police functions.
Published: October 5, 2022
The Labor & Employment Law Blog
Healthcare workers are experiencing a significant amount of occupational fatigue, especially in light of the COVID-19 pandemic. Expecting nurses to work lengthy shifts without the chance to eat a meal or rest leads to exhaustion and can increase the likelihood of medical errors. State senator Steven Bradford authored SB 1334, which sought to guarantee meal and rest periods for public healthcare workers. The bill was sponsored by the California Nurses Association (“CNA”), which has 100,000 members in more than 200 facilities throughout California. On September 29, 2022, Governor Newsom signed SB 1334 into law, which adds section 512.1 to the California Labor Code.
Published: October 3, 2022
by
Shauna N. Correia
The Labor & Employment Law Blog
Existing California law provides employees with the right to take paid and unpaid leaves to care for certain family members when they need the employee’s assistance to obtain medical treatment, diagnosis, or preventative care. On September 29, 2022, Governor Newsom signed into law AB 1041, which adds a “designated person” to the list of individuals for whom an employee may take California Family Rights Act or use paid sick leave.
Published: September 29, 2022
by
Jo Dale Carothers, Ph.D.
The IP Law Blog
Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Copyright law “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” It also protects images, photos, videos, and other written work, such as blog posts. See here.
Published: September 28, 2022
by
Nikki Mahmoudi, Shauna N. Correia
The Labor & Employment Law Blog
On September 18, 2022, the Governor approved AB 2188, which amends the California Fair Employment and Housing Act (FEHA), California’s employment antidiscrimination law. Beginning on January 1, 2024, it will be unlawful for employers to discriminate against a person in hiring, termination, any term or condition of employment, or otherwise penalize a person for:
Published: September 23, 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’
Published: September 22, 2022
by
James Kachmar
The IP Law Blog
You are likely familiar with the children’s game, Connect 4, in which players drop red and black checker pieces into an upright rack trying to get four of their pieces in a row to win. Some of you may have even seen enlarged outdoor versions of the Connect 4 game at various venues. On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.