Category Archives: Intellectual Property

Copyright infringement basics

FIRST STEP: Probative Copying Question is whether actual copying took place.  Ninth Circuit calls this “extrinsic similarity.” This can be shown in two ways: Direct proof (by admission or other direct proof); OR Circumstantial evidence.  This, in turn, can be shown by access to the plaintiff’s work PLUS “substantial similarity” between the parties’ works: Access: remember that access without […]

Read More

Copyright project 3: scoring

Scoring for each component will be done on a 4.0 scale. Below is a brief explanation of what I look for in each category. Complaint, summons, cover sheet 35% Exhibits to complaint 15% Memorandum 50% Total 100% Civil complaint: body of complaint, summons, cover sheet (35%). Scoring considerations include: Does the complaint include a proper caption and numbering as required by […]

Read More

Copyright project 2: enforcement

MEMORANDUM THOMAS, THOMAS, AND THOMAS A Pretend Limited Liability Partnership From: Ira Steven Nathenson, “Managing Partner,” T3 PLLP To: Fall 2016 “Associates” Date: Oct. 28, 2016 Re: Copyright enforcement & litigation project Note to public: this assignment is created for teaching purposes. This project uses real-world materials in order to provide a meaningful learning experience. However, no actual affiliation with […]

Read More