Writings by Shane I. Birnbaum

What Could This Recent FilmOn X Case Ruling Mean For the Future of Streaming Media & Copyright Law? We live in an ever-changing world, and the easy availability of streaming media has service providers and courts scrambling to come up with solutions to provide the best services while staying within the realm of current copyright […]

What’s the Difference Between Copyright and Trademark? Many people faced with intellectual property laws wonder whether they should copyright or trademark their creations. These two aspects of intellectual property law are both vital to business operations but are very different in how they are applied and defended, and in what aspects of your business they […]

Patent vs Copyright: Which Is The Correct IP Protection You Need? Patents and copyrights are two vital aspects of intellectual property law, but many people are confused as to the difference between the two. This can present a serious problem when your business produces something in need of intellectual property protection.So, what is the difference […]

Dissecting the Key Terms of a Licensing Agreement Since you can’t even use a photograph on the Internet without obtaining permission, startups and other early stage businesses should be familiar with the inner-workings of licensing agreements. While obtaining the rights to use an image is often a simple task, licensing agreements governing the use of […]

SCOTUS recently added a major IP case to its docket involving the doctrine of patent exhaustion The U.S. Supreme Court recently added another important intellectual property case to its docket. The justices granted certiorari in Impression Products, Inc. v. Lexmark International, Inc., which involves the doctrine of patent exhaustion and the permissibility of post-sale restrictions. The Patent Exhaustion […]

Tiffany & Co. Wins Big in New York Trademark Infringement Suit Costco Wholesale Corp. will pay more than $13 million in damages for infringing trademarks held by Tiffany & Co. Relying on New York’s State laws governing unfair competition and deceptive acts, a federal jury awarded the jewelry company $8.25 million in punitive damages for […]

Will There Be U.S. Copyright Reform in the Near Future? On Dec. 8, House Judiciary Committee Chairman Bob Goodlatte (R – Virginia) and Ranking Member Jon Conyers Jr. (D – Michigan) unveiled the first policy proposal to U.S. Copyright law. The proposal is the result of Committee’s review of U.S. Copyright law and the Copyright […]

U.S. Supreme Court Clarifies Design Patent Damages The U.S. Supreme Court recently issued its much-anticipated decision in Samsung v. Apple, which revolved around how to calculate damages in design patent infringement cases. In a unanimous decision, the Court held that Samsung could be liable for only those profits associated with the infringing components of the […]

Supreme Court to Determine Viability of Laches Defense in Patent Suits On November 1, the U.S. Supreme Court heard oral arguments in SCA Hygiene Products v. First Quality Baby Products. The closely watched intellectual property case will determine whether and to what extent the defense of laches may bar a claim for patent infringement brought […]

How Did Boston Lose a Long-Running Trademark Infringement Suit? Rock band Boston recently lost its long-running trademark infringement suit against former guitarist Barry Goudreau. Boston founder, Tom Scholz, sued Goudreau for using the term “original” member of the band instead of “former” in promotion and advertising related to the guitarist’s new band, Ernie and The […]