Welcome to IP In Brief published by Andrew Berger. By this blog/website I will be commenting on changes and developments in copyright and trademark law. I hope to engage all who create, distribute, publish or exploit intellectual property or who litigate IP issues to participate with me in this dialogue. There will be much to talk about. Please visit often and join in. 

Recent Blog Posts
  1. Are Willful Infringers In Copyright Litigation Now Judicially Protected?

    On July 9, Judge Nancy Gertner in Sony BMG v. Tenenbaum did what no court has ever done before. The court held unconstitutional an award of statutory damages in copyright litigation even though the award was within the statutory range set by Congress. This ruling, if affirmed on appeal, will change the shape of copyright…

    Read more
  2. Chloé v. Queen Bee of Beverly Hills: The Second Circuit Stretches New York’s Long-Arm Statute in Response to Counterfeit Infringement Over the Internet

    Counterfeit infringement over the Internet continues to grow. With the web erasing marketing and distribution hurdles, it is easier than ever for Internet marketers in Bangladesh to sell counterfeit goods in Spokane. Owners seeking to compel counterfeiters to defend trademark infringement actions in the owner’s home court face jurisdictional due process issues. Often the counterfeiters only…

    Read more
  3. Does a Federal Statute Authorizing Copyright Infringement Trump the Copyright Law?

          

    The Copyright Act gives a copyright owner certain exclusive rights but what happens when another federal statute grants the same rights to others. When those others engage in conduct authorized by another federal statute may the copyright owner still sue for infringement? International Swaps and Derivatives Assoc. v. Socratek grudgingly said yes after acknowledging the…

    Read more
Recently Published Article
  1. A Primer for Non Lawyers Explaining Statutory Damages in Copyright Litigation

    The Association of Media Photographers recently asked me to write an article for its members explaining statutory damages in copyright litigation. I wrote the article, published in the spring 2010 ASMP Bulletin, to give copyright holders a basic understanding of what statutory damages are, how copyright holders qualify for statutory damages through registration of their copyrighted works and how courts and…


Next Speaking Engagement
  1. New Program on Navigating Social Media in the Offing

    Stay tuned for more information on a new program Andrew is helping organize as a membership building event for the Copyright Society of the USA on navigating social media to build and market a brand.


Andrew Berger

Andrew Berger is counsel to the law firm of Tannenbaum Helpern Syracuse & Hirschtritt LLP in New York where he focuses on copyright and trademark litigation and licensing on behalf of a wide range of clients who create, distribute and exploit intellectual property. The statements and opinions posted here are his own and not of the law firm.

MORE ABOUT ANDREW BERGER

E-mail:

Name:

Subscribe
Unsubscribe

READERS COMMENTS
  • "I just want to let you know that I just read your Is This Legal Alchemy article, and got a great kick from your line old wine in new bottles is not fair use. I enjoy your writing, and I hope you keep it up."

    Theresa Middlebrook Holland & Knight, Los Angeles

  • "I read your article regarding [statutory] damages twice! The article was very informative."

    Kristen McCallion Fish & Richardson P.C., New York

  • "Your article on statutory damages was useful to me. It was directly on point."

    Joe Adams Snell & Wilmer LLP, Phoenix

  • “I have been enjoying your posts on the Tenenbaum case. Your blog is excellent!”

    Edward Scarvalone Doar Rieck Kaley & Mack, New York