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.
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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What a Deal! Car Dealers Retain Control over Their Own Data
By Jodi Benassi on Nov 11, 2021
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit affirmed a district court’s conclusion that there is no conflict between an Arizona statute aimed at strengthening privacy protections for consumers whose data is collected by car dealers and the Copyright Act provision that grants the owner of a copyrighted work the exclusive right “to reproduce...
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Authentication Claim Under Alice—A Two-Step Process
By Jodi Benassi on Oct 14, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit found patent claims directed to a method of authenticating the identity of a user performing a transaction at a terminal was patent-eligible under 35 U.S.C. § 101 and reversed the district court’s entry of judgment on the pleadings. CosmoKey Solutions GmbH & Co. KG. v. Duo...
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Copyright Claims Board’s Proposed Rulemaking: How to Initiate and Respond to a Claim
By Jodi Benassi on Oct 7, 2021
Posted In Copyrights
In January 2021, Congress enacted the Consolidated Appropriations Act. This legislation incorporates the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, which includes revisions to the Copyright Act with the goal of creating a new venue for copyright owners to enforce their rights without having to file an action in federal court. The new...
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De Minimis Defense Doesn’t Protect Minimal Use of Concededly Infringing Material
By Jodi Benassi on Sep 23, 2021
Posted In Copyrights
The US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of the defendant in a copyright case based on a “minimal usage” or de minimis use defense. Richard N. Bell v. Wilmott Storage Services, LLC, et al., Case Nos. 19-55882, -56181 (9th Cir. July 26, 2021)...
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