- Posts by Dasha ChestukhinAssociate
Dasha’s practice encompasses a broad range of intellectual property matters, including trademarks, copyrights, domain names, unfair competition and patents.
Dasha regularly litigates disputes in federal and state courts ...
Oh, the Mashups You’ll Stop!
In Dr. Seuss Enterprises, LP v. ComicMix LLC, Case No. 19-55348 (9th Cir. December 18, 2020), the Ninth Circuit held that Oh, the Places You’ll Boldly Go! (“Boldly”)—ComicMix’s Star Trek-themed sendup of Dr. Seuss’s iconic Oh, the Places You’ll Go! (“Go!”)—was an infringement rather than a parody. In finding that all four fair use factors weighed in Dr. Seuss’s favor, the Ninth Circuit decisively reversed the lower court’s decision, which had held that Boldly was a fair use, that is, a permissible albeit unauthorized use of Go!
In Georgia v. Public.Resource.Org, Inc., 590 U.S. ____ (2020), the U.S. Supreme Court held (5-4) that any works (including non-binding annotations to a State code) authored by or for the State’s legislature in the course of its legislative duties are ineligible for copyright protection.
In a recent decision, the Ninth Circuit reversed a district court’s finding, as a matter of law and notwithstanding the jury’s verdict, that a defendant’s copyright infringement was not willful, but affirmed the district court’s refusal to award attorneys’ fees to the prevailing plaintiff (without prejudice to the plaintiff seeking reconsideration of this refusal on remand).