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27 Feb 7:00 am
... petition to review Singleton v Volkswagon regarding transfer of venue under 28 USC §1404(a) (Patent Prospector) (Hal Wegner) CAFC: Affidavit evidence to rebut KSR ... Bros ask court to sanction RealNetworks for allegedly destroying evidence in DVD-copying program copyright lawsuit (Law360) Steinbeck, John - Will the Supreme Court give Steinbeck's ... says DRUMLINE LIVE merely descriptive of musical performance: In re Halftime Live LLC (not precedential) (TTABlog) Two TTAB fraud decisions now await CAFC ...
IP Thinktank - http://duncanbucknell.com/blog
20 Feb 5:00 am
... make IPscore available for free (BLOG@IPJUR::COM) Help from the OHIM: CTM e-filing: program compatibility issues (Class 46) European qualifying examinations (EQEs) and languages ( ... (Patently-O) (Hal Wegner) Did you know... the defences established under 35 USC § 271(g) are not available in the International Trade Commission? (ITC 337 Law Blog ... (Patent Prospector) CAFC awards permanent injunction to patentee in 'close case': Acumed LLC v Striker Corp et al (Intellectual Property Law Blog) District ...
IP Thinktank - http://duncanbucknell.com/blog
2 Dec, 2008 9:47 am by Eric
... : "Instead of triggering the usual take-down notices, copyright-infringing footage of select MTV Networks programing uploaded by MySpace subscribers would be automatically redistributed with advertisements that would generate revenue for the companies." I'm ... Nov. 24, 2008). The court dismisses USENET.com's counterclaims for declaratory relief that it doesn't violate 17 USC 512 because the claims duplicate its affirmative defenses. * James Grimmelmann does an excellent job parsing the Google Book ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
17 Sep 12:53 am by Ben Vernia
... , L.A. According to the press release and the information, the company implemented a program called "PLACE," under which it paid physicians for enrolling patients and completing a brief questionnaire. Biovail Pharm., LLC, pleaded guilty to a single count of conspiracy (under 18 USC § 371), a single count of paying kickbacks to physicians (under 42 USC § 1320a-7(b)(2)(A)), paid a criminal fine of $22.2 million, and an additional $2.4 million in a civil settlement of False ...
False Claims Counsel - http://www.falseclaimscounsel.com/wordpress
27 Apr 4:05 am by Milord A. Keshishian
... did not demonstrate that the balance of hardships tipped in its favor because by the time Plaintiff filed its preliminary injunction motion, the program was already in the middle of its first season. "Given that the evidence before the Court shows that if an injunction were to issue, Defendants would ... a likelihood of confusion, the Court denied Plaintiff's preliminary injunction motion. The case is titled Toughlove America, LLC v. MTV Networks Company et al., CV 09-1521 SJO (C.D. Cal. 2009).
Los Angeles Intellectual Property Trademark Attorney Blog - http://www.iptrademarkattorney.com/
30 Jul, 2008 2:08 pm
... 2007-5140), available here. Congress abrogated the federal government's sovereign immunity for copyright infringement in 28 USC 1498(c), but a DMCA anti-circumvention violation is not an infringement action; instead, chapter 12 of ... for copyright infringement and violations of the DMCA. Specifically, Blueport argues that the Air Force infringed its copyright in the AUMD program. In addition, Blueport argues that the Air Force violated the DMCA by extending the expiration date in the AUMD program's ...
The Patry Copyright Blog - http://williampatry.blogspot.com/index.html
11 Mar 1:24 am by Milord A. Keshishian
Los Angeles, CA - No love was lost when Toughlove America, LLC sued Drew Barrymore's production company (Flower Films, Inc.) and MTV Networks for ... to symbolize a distinct approach to peer-to-peer, self-help, and psychological counseling programs." In addition, Plaintiff states that it began developing a Toughlove television show, which it described as ... Defendants have refused to change the name of their show. The case is titled Toughlove America, LLC v. MTV Networks Company et al., CV 09-1521 SJO ( ...
Los Angeles Intellectual Property Trademark Attorney Blog - http://www.iptrademarkattorney.com/
21 Jul 8:50 pm by Robert Hudock
... that may be potentially prohibited under the CAN-Spam Act. Table 1 - 15 USC 7701, et seq. (available at http://caselaw.lp.findlaw.com/casecode/uscodes/15 ... email provider, and even most website owners. See White Buffalo Ventures, LLC v. University of Texas at Austin, 420 F.3d 366, 373 (5th Cir ... Act. A "proxy server" refers generally to a computer system that runs an application or service (a program) that acts as a go-between for requests from client (the user) seeking resources from other servers ...
Law Blog 2.0 - http://law2point0.com/wordpress
15 Jul, 2008 12:48 pm
... down its summary judgment opinion in MDY Industries, LLC v. Blizzard Entertainment, Inc., involving the multiplayer online role-playing game "World of Warcraft" and a bot program known as WowGlider, created by declaratory judgment plaintiff. WowGlider plays WoW while the player is away ... 's motion that the Warden spyware did not qualify as controlling access within the meaning of 17 USC 1201(a)(2), but denied summary judgment on Blizzard's 1201(b)(1) claim that the ...
The Patry Copyright Blog - http://williampatry.blogspot.com/index.html
8 Aug, 2008 4:04 pm by Eric
... the fact that the marketer outsources some choices to affiliates (a necessary part of any affiliate program) can lead to "diffuse responsibility" where the marketer and affiliates point fingers at each ... CAN-SPAM Unlike many other areas of the law, CAN-SPAM (15 USC 7705 and 7706) specifically authorizes affiliate liability in the statute. The Federal Trade ... recent affiliate liability decision is the remarkable ruling in People v. Direct Revenue LLC, 2008 WL 1849855 (N.Y. Sup. Ct. March 12, 2008), ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
2 Aug, 2007 2:58 am
... Criminal Practice Living With Girlfriend Terminated Drug Treatment Program; Sentence Under Plea Agreement Upheld Contracts Triable Issues of Fact of Whether Plaintiff Member Of Defendant LLC Precludes Summary Judgment Kim v. Ferdinand Capital LLC Subscription Required NEW YORK ... DISTRICT OF NEW YORK Civil Practice Both Parties New York Citizens, Diversity Lacking; Plaintiff's Negligence Claim Within 49 USC §30106 Colon v. Bernabe Subscription Required
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
19 Jan 7:56 am by Eric
By Eric Goldman GW Equity LLC v. Xcentric Ventures LLC, 2009 WL 62173 (N.D.Tex. Jan. 9, 2009) I previously blogged about this case in ... finding that Rip-off Report was immune from the plaintiff's claims per 47 USC 230. I thought that ruling was noteworthy because it addressed--and rejected--three principal ... parts of user reports 3) Rip-off Report profits from its Corporate Advocacy Program As I mentioned in my last post, the plaintiff objected to the magistrate recommendations, so the district ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
17 Feb 10:07 am by Eric
... rule. State anti-spam laws may have similar statutory extensions. 15 USC 7705: Advertiser liability if advertiser (1) knew that affiliate is spamming, (2) is ... theories about affiliate installations of adware were soundly rejected in People v. Direct Revenue LLC, 2008 WL 1849855 (N.Y. Sup. Ct. March 12, 2008). * ... will adopt the same model. 2) Web retailers will either double-down on affiliate programs or kill them (Overstock killed its NY affiliates). 3) This may be the effective death knell for ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
29 Jun 8:32 am by Eric
By Eric Goldman Ascentive, LLC v. Google, Inc., 2:09-cv-02871-JS (E.D. Pa. complaint filed June 25, 2009) Guess who got sued ... Ascentive had spent over $645k as an AdWords customer in 2008, Google kicked Ascentive out of the AdWords program. A week later, Google completely dropped Ascentive's website from its search index. As a ... the complaint quickly and completely. One way Google could get there is through 47 USC 230(c)(2) (which I just blogged about last week), which completely protects Google's ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
29 Aug, 2008 1:25 pm
... examiners causes controversy because of clauses dealing with patentability of new drugs and software programs: (Managing Intellectual Property), The 'Olympic' copyright dispute - DD sues news channels for ... 90/006,707: (Hal Wegner), CAFC affirms invalidity ruling under 35 USC § 102(b); beta-testing not always experimental use: Cygnus Telecommunications ... case against CRS dismissed on first to file rule: TGN, Inc v CRS LLC: (Washington State Patent Law Blog) Federal judge rules Abbot Laboratories ...
IP Thinktank - http://duncanbucknell.com/blog
18 Feb 6:27 am by David Johnson
... to dismiss brought in Goddard v. Google (fn3), Judge Fogel considered whether the CDA protected Google's "AdWords" program which allows advertisers to draft short advertisements and select corresponding keywords. The Plaintiff sued Google, claiming that ... media and consumer electronics companies. David can be contacted at (310) 785-5371 or DJohnson@jmbm.com. Notes: Fn1 47 USC § 230. Fn2 Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008). Fn3 Goddard v ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
12 Apr 1:03 pm by Eric
... email addresses. Power.com's response. * Andritz, Inc. v. Southern Maintenance Contractor, LLC, 2009 WL 48187 (M.D. Ga. Jan. 7, 2009). IP infringement ... . Jeff Neuburger's writeup. Aside: I wonder if Expedia will be insulated by 47 USC 230 for the allegedly wrong description of amenities if they got the description of the hotel from ... will jump on this bandwagon, at which point some e-tailers will kill their affiliate program and others will end up imposing sales tax collection nationwide. * Pitt ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
3 Jul 5:57 am
... for BBC (Ars Technica) United States US General - Decisions 9th Circuit: Anti-spyware company protected by 47 USC 230(c)(2): Zango v Kaspersky Lab (Technology & Marketing Law Blog) US Patents How to patent ... Inc (TTABlog) US Trade Marks - Lawsuits and strategic steps Google - Ascentive LLC files the sixth lawsuit against Google's AdWords program and alleges variety of legal violations in relation to being omitted from Google's organic search results index (Technology & Marketing Law Blog) ...
IP Thinktank - http://duncanbucknell.com/blog
14 Sep 10:28 am by Ben Vernia
... nonprofit corporation which managed Head Start and the Community Service Block Grant programs under contracts with the DC government. Kakeh alleged that he was terminated in violation of DC' ... law, as well as the False Claims Act's whistleblower protection provision, 31 USC § 3730(h), after complaining internally and to OIG-HHS about the nonprofit's ... and Regan Rush, of Silver Spring, MD's Melehy & Assoc. LLC. United Planning Organization was defended by Kevin Kraham, Alison Davis, and Jeffrey ...
False Claims Counsel - http://www.falseclaimscounsel.com/wordpress
         
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