Jodi Benassi
Subscribe to Jodi Benassi's PostsJodi Benassi focuses her practice on litigation and investigations. Jodi has experience in federal court district actions in California, Texas, Florida and Michigan and actions before the US Trademark Trial and Appeal Board (TTAB) of the US Patent and Trademark Office (USPTO). She has also conducted internal investigations on behalf of audit committees from high profile Fortune 500 organizations to Silicon Valley start-ups. Jodi Benassi's full bio.
No Winners Here: A Case Can Have No Prevailing Party
By Jodi Benassi on Jul 21, 2022
Posted In Trademarks
In a matter of first impression, the US Court of Appeals for the Eleventh Circuit found that there may be no prevailing party for purposes of assessing costs and attorneys’ fees under Federal Rule of Civil Procedure 54(d). Royal Palm Properties, LLC v. Pink Palm Properties, LLC, Case No. 21-10872 (11th Cir. July 7, 2022)...
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Patent Infringement Verdict Nixed over Judge’s Stock Ownership
By Jodi Benassi on Jul 14, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s opinions and orders and remanded the case for further proceedings before a different district court judge because the original judge had failed to divest all financial interests in the case. Centripetal Networks, Inc. v. Cisco Systems, Inc., Case No. 21-1888 (Fed. Cir....
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There Should Be No Secret about Scope of Trade Secret Injunction
By Jodi Benassi on May 26, 2022
Posted In Trade Secrets
In the context of an interlocutory appeal, the US Court of Appeals for the Federal Circuit vacated a portion of a preliminary injunction in a case involving alleged misappropriation of trade secrets for failing to provide sufficient specificity as to what it prohibits. Carl Zeiss Meditec, Inc. v. Topcon Medical Systems, Inc. et al., Case...
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The Perils of Falling in Love
By Jodi Benassi on May 12, 2022
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit that sought a declaratory judgment on the basis that a notice of termination of copyright assignment under 17 U.S.C. § 203 did not validly terminate a 1983 grant of rights in the copyright. Valentina M. Peretti Acuti, et al. v....
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First Sale Defense Bars Trademark Infringement Where Trademarked Component Is Adequately Disclosed
By Jodi Benassi on Apr 14, 2022
Posted In Trademarks
A US Court of Appeals for the Ninth Circuit panel vacated a grant of summary judgment in favor of the plaintiff, holding that the first sale doctrine applies when a trademarked product is incorporated into a new product. Bluetooth SIG Inc. v. FCA US LLC, Case No. 21-35561 (9th Cir. Apr. 6, 2022) (per curiam)....
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So You Wanna Play with Copyright? “Joyful Noise” Ostinato Isn’t Original Expression
By Jodi Benassi on Mar 24, 2022
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit affirmed a district court’s order vacating a jury award of damages for copyright infringement and granting judgment as a matter of law, explaining that the musical work alleged to have been copied did not qualify as an original work of authorship but consisted only of “commonplace...
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Copyright Claims Board Clarifies Service Rules and Opt-Outs
By Jodi Benassi on Mar 17, 2022
Posted In Copyrights
The US Copyright Office issued two final rules for how companies can designate agents to receive claims and how libraries can preemptively opt out of claims before the Copyright Claims Board (CCB). The agency has been drafting rules governing the CCB since it was established in 2020. The new venue is designed to serve as...
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Paradise Lost: Art Created by AI Is Ineligible for Copyright Protection
By Jodi Benassi on Mar 3, 2022
Posted In Copyrights
The US Copyright Office Review Board (“Board”) rejected a request to register a computer-generated image of a landscape for copyright protection, explaining that a work must be created by a human being to obtain a copyright. Second Request for Reconsideration for Refusal to Register A Recent Entrance to Paradise (Copyright Review Board Feb. 14, 2022)...
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2022 IP Outlook Report: The Developments Shaping Copyright Law
By Christina (Tina) L. Martini, Jodi Benassi and Anisa Noorassa on Feb 22, 2022
Posted In Copyrights
Key Takeaways and Outlook for 2022 Like so many things in 2021, a few long-awaited copyright developments have spilled into 2022, with anticipated amendments to key provisions in the Digital Millennium Copyright Act topping the list of legislation to watch. The key issues we are tracking include the following: Proposed Changes to the Digital Millennium...
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This .SUCKS: Trademark Applications for Identical Characters Is a No-Go
By Jodi Benassi on Feb 10, 2022
Posted In Trademarks
The US Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board (Board) decision affirming the US Patent and Trademark Office’s (PTO) refusal to register two trademark applications for “.SUCKS.” In Re: Vox Populi Registry Ltd., Case No. 21-1496 (Fed. Cir. Feb. 2, 2022) (Lourie, Dyk, Stoll, JJ.) Vox is a...
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