Copyright Small Claims Arrives

Covid-19 has changed a lot about the world, and that includes the future of intellectual property litigation. Tucked away in the December 2020 coronavirus relief bill was the CASE Act, a law that establishes a voluntary small claims court for low-cost copyright disputes.

The Copyright Claims Board will be under the jurisdiction of the Copyright Office. It will be empowered to hear claims for damages due to copyright infringement up to $15,000 per claim, with an overall limit of $30,000 per case. A three-judge panel will rule on the cases.

Copyright litigation is notoriously expensive. With this act, Congress hopes to create an alternative forum where smaller claims can be litigated at lower cost. However, with the process being voluntary it remains to be seen how often parties will opt to use the system over the federal courts. In any case, the CCB won’t be open until at earliest late 2021.

Copyright is a complex area of law that Congress is looking at for a reason. If you are dealing with copyright in your work, contact The Law Firm of Dillon McCarthy for help.

Public Domain Day 2021

Public Domain Day has become something of a tradition here at The Law Firm of Dillon McCarthy, ever since it finally became a thing again a few years ago. This January 1st, some fantastic and important works of art entered the public domain in the United States.

First the books. 1925 is widely thought of as one of the greatest years in modern literature. The books that entered the public domain this year include Mrs. Dalloway and one of the my favorites, The Great Gatsby. The films of Buston Keaton continue to march into the public domain with Go West. In music, classics from Irving Berlin, Ma Rainey, and Duke Ellington become free for everyone to use.

Public Domain Day brings a gift to the public every January 1st, and hopefully for the foreseeable January 1sts this will continue to be the case.

Trade Dress Isn't a Catch-all

A reminder from the Third Circuit that trade dress, one of the least understood areas of intellectual property law, is not a catch-all to be used against competitors. Trade dress protects the decorative appearance of an object’s packaging or appearance, insofar as they signify the source of a product to consumers.

But this protection is only available for non-functional design elements. It cannot be used to stop competitors from putting out a similar competing product that has the same functionality. Patents protect functional design elements, and only last for a limited period of time.

So when the makers of Pocky, the dipped cookie sticks, sued the makers of Pepero, the Third Circuit ruled against them. Trade dress cannot protect useful features, like how a cookie is designed to be easy to eat as a snack. That’s good news for anyone looking for options when it comes to snack time.

Intellectual property can be complicated and technical. If you have any questions related to your own IP, contact the Law Firm of Dillon McCarthy.