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S.D.N.Y. Intellectual Property Law

Covers patent, copyright and trademark law in the U.S. District Court for the Southern District of New York. By Richard Crisona.

http://ipblog.abv.com

Feb 8
Court Denies Waiver of Plaintiffs' Right to Seek Actual Copyright Damage

Court Denies Waiver of Plaintiffs' Right to Seek Actual Copyright Damage

In a February 6, 2017 ruling, Judge Richard J. Sullivan rejected the defendant's claim that the plaintiffs waived their right to actual copyright infringement damages by failing to request them in their initial disclosures. The Court…
Jul 11
Court Finds Personal Jurisdiction Based on Sales Through Amazon.com

Court Finds Personal Jurisdiction Based on Sales Through Amazon.com

In a July 8, 2016 ruling, Judge Lorna G. Schofield upheld personal jurisdiction at the motion to dismiss stage based in part on allegations that the defendants, who were based in Michigan, sold their allegedly infringing goods in New York…
Jun 22
Court Dismisses Copyright Infringement Claim Based on Choice of Law Provision in Contract

Court Dismisses Copyright Infringement Claim Based on Choice of Law Provision in Contract

In a June 21, 2016 ruling, Judge Jesse M. Furman dismissed the plaintiff's copyright claim because of a choice of law provision in the parties' contract calling for the application of English law. The plaintiff publishes a website with…

Rank this Week: 381

Recording Industry vs The People

Covers the RIAA's lawsuits of against ordinary working people.

http://recordingindustryvspeople.blogspot.com/

Jan 27
Stipulated preservation order in Malibu v Doe 16 cv 1325 SDNY

Stipulated preservation order in Malibu v Doe 16 cv 1325 SDNY

After some negotiation, the parties entered into a stipulated preservation order in Malibu Media v. Doe, a Southern District of New York case: January 27, 2017, Stipulated Preservation Order, Hon. Jesse M. Furman, District Judge Ray…
Aug 24
Judge Locke denies motion to quash in Malibu Media v Doe, stay lifted

Judge Locke denies motion to quash in Malibu Media v Doe, stay lifted

In Malibu Media v. Doe, EDNY 15-3504, Judge Locke has denied the defendant's motion to quash, and lifted the stay on all of the EDNY Malibu Media cases, which had all been consolidated. The Court accepted the representations of plaintiff's…
Jun 16
Second Circuit rules for Vimeo on DMCA issues in Capitol Records v Vimeo

Second Circuit rules for Vimeo on DMCA issues in Capitol Records v Vimeo

The US Court of Appeal for the Second Circuit has overturned those parts of the District Court's rulings which were in favor of the plaintiff record companies in Capitol Records v. Vimeo. The Court decided three major issues under the…

Rank this Week: 1545

'Round Midnight

Law and other nonsense from a Nashville music lawyer.

http://huganlaw.wordpress.com/

Jan 27
UNDER PENALTY OF PERJURY…sort of…

UNDER PENALTY OF PERJURY…sort of…

What part of “under of penalty of perjury” does the 6th Circuit Court of Appeals not understand? Every trademark applicant must swear under penalty of perjury that the information in the application is true. There are two types of…
Jan 29
Not So Small Claim

Not So Small Claim

Small claims courts in Tennessee are called Courts of General Sessions. Under $25k; either party can appeal to Circuit Court and the case starts all over as if the General Sessions trial never occurred. Great for eviction and collections…
Jan 5
OMG its OEM!

OMG its OEM!

Stealing intellectual property is an American pastime. Music, software, ebooks, you name it—free is the right price. And mounds of shaming and litigation has done little to discourage the copyright abolitionists. And then…

Rank this Week: 1900

Round Midnight

By Christopher English Hugan. Law and other nonsense from a Nashville business and intellectual property lawyer.

https://huganlaw.wordpress.com/

Jan 27
UNDER PENALTY OF PERJURY…sort of…

UNDER PENALTY OF PERJURY…sort of…

What part of “under of penalty of perjury” does the 6th Circuit Court of Appeals not understand? Every trademark applicant must swear under penalty of perjury that the information contained in the application is true. There are…
Jan 29
Not So Small Claim

Not So Small Claim

Small claims courts in Tennessee are called Courts of General Sessions. Under $25k; either party can appeal to Circuit Court and the case starts all over as if the General Sessions trial never occurred. Great for eviction and collections…
Jan 5
OMG its OEM!

OMG its OEM!

Stealing intellectual property is an American pastime. Music, software, ebooks, you name it—free is the right price. And mounds of shaming and litigation has done little to discourage the copyright abolitionists. And then…

Rank this Week: 3087

Seattle Copyright Watch

Covers copyright and other intellectual property topics. By Tonya Gisselberg.

http://seattlecopyrightwatch.com/

Jan 19
State Law Can’t Protect Butterfly Valve from the Copyright Preemption Net

State Law Can’t Protect Butterfly Valve from the Copyright Preemption Net

Ultraflo Corporation manufactures butterfly valves for use in the transportation industry. Ultraflo redesigned its Model 390 butterfly valve with the help of employee Thomas Mueller. Mueller left Ultraflo to work for Pelican Tank Parts, one…
Dec 29
No New York Common Law Public Performance Right for Sound Recording Creator

No New York Common Law Public Performance Right for Sound Recording Creator

We close 2016 with the latest on the Flo & Eddie v. Sirius XM saga. My previous posts on this topic include Unhappy Turtles Take a Bite Out of Sirius XM for Unauthorized Public Performance, Flo and Eddie Goes for the Two Coast Punch…
Dec 15
No More One and Done for DMCA Agent Designation Filing

No More One and Done for DMCA Agent Designation Filing

The Digital Millennium Copyright Act (DMCA) shields online service providers from liability for copyright infringement for information uploaded to their networks by users, the “safe harbor,” if the online service providers meet…

Rank this Week: 930

Copylaw

Covers entertainment and publishing law. By Lloyd Jassin.

http://www.copylaw.org/

Dec 14
Selecting a Literary Executor

Selecting a Literary Executor

Final Drafts By Lloyd Jassin & Ronald M. Finkelstein "I'm sorry to have my name mentioned among the great authorsbecause they have the sad habit of dying off." --Mark Twain (d. 1910) "Money is the root of all evil" For I will write in my…
Oct 28
I'm a Copyright Attorney, Not a Sorcerer

I'm a Copyright Attorney, Not a Sorcerer

Several weeks before Bonnie Foreman's death, I watched her laughing and joking as she downloaded a pirated copy of my book, The Copyright Permission and Libel Handbook: The Cursed Edition. She read a lot and drove too fast. …
Jul 29
The Art of the (Jointly Authored) Book Deal

The Art of the (Jointly Authored) Book Deal

"I can never understand how two men can write a book together; to me that's like three people getting together to have a baby."-- Evelyn WaughNearly everyone has heard the oft-repeated statistic that 50% of all marriages end in divorce.…

Rank this Week: 1317

CopyLaw

Copyright, defamation, publishing and unfair competition law practice tips and developments. By Lloyd J. Jassin.

http://www.copylaw.org

Dec 14
Selecting a Literary Executor

Selecting a Literary Executor

Final Drafts By Lloyd Jassin & Ronald M. Finkelstein "I'm sorry to have my name mentioned among the great authorsbecause they have the sad habit of dying off." --Mark Twain (d. 1910) "Money is the root of all evil" For I will write in my…
Oct 28
I'm a Copyright Attorney, Not a Sorcerer

I'm a Copyright Attorney, Not a Sorcerer

Several weeks before Bonnie Foreman's death, I watched her laughing and joking as she downloaded a pirated copy of my book, The Copyright Permission and Libel Handbook: The Cursed Edition. She read a lot and drove too fast. I…
Jul 29
The Art of the (Jointly Authored) Book Deal

The Art of the (Jointly Authored) Book Deal

"I can never understand how two men can write a book together; to me that's like three people getting together to have a baby."-- Evelyn WaughNearly everyone has heard the oft-repeated statistic that 50% of all marriages end in divorce.…

Rank this Week: 2257

Hearsay Culture

KZSU-FM (Stanford) Tech/Law Talk Show. Hosted by Dave Levine.

http://www.hearsayculture.com

Dec 10
Memory of my dear friend and colleague, Michael Rich

Memory of my dear friend and colleague, Michael Rich

Elon Law lost a tremendous teacher, scholar, mentor, and colleague this past Wednesday, Prof. Michael Rich. Mike’s commitment to Elon, and particularly the work that he did in service of its new legal education program — after his…
Nov 8
Show # 259 — Prof. Shannon Vallor, author of Technology and the Virtues — posted

Show # 259 — Prof. Shannon Vallor, author of Technology and the Virtues — posted

As you may have noticed (even in the barrage of election coverage), I’ve been silent since the end of July. The reason is rather simple: since July, I’ve taught five classes (Contracts, Intellectual Property Survey, two sections…
Jul 30
Show # 258 — Prof. Paul Ringel on commercializing childhood — posted

Show # 258 — Prof. Paul Ringel on commercializing childhood — posted

I’m pleased to post show # 258, June 24, my interview with Prof. Paul Ringel of High Point University, author of Commercializing Childhood. Paul’s study may seem superficially beyond Hearsay Culture’s scope, until one…

Rank this Week: 610

Written from the perspective owners of expressive materials (movies, books, pictures, songs, video games, etc.) who are subject to competition laws, copyright laws, and freedom of expression laws. By John T. Mitchell.

http://interactionlaw.com/wordpress

Nov 9
The One Good Thing About Trump: We Now Know It Is Too Soon To Start Healing

The One Good Thing About Trump: We Now Know It Is Too Soon To Start Healing

What a pain in the butt! It started while G.W. Bush was President. My doctor just said it was arthritis in the hip. He kept saying that during each of my physicals, all throughout the Obama administration. Exercise is good; too much is bad. I…
Feb 26
FCC Votes to Deregulate the Internet

FCC Votes to Deregulate the Internet

The Internet began as an unregulated network of networks intended to allow anyone anywhere to communicate with anyone at any time. It was blind to who was communicating with whom about what. It was blind to who had more money – a small…
Oct 29
Parental Immunity From Copyright Infringement?

Parental Immunity From Copyright Infringement?

Justice Breyer writes for the Supreme Court majority that it is "perfectly lawful" for a parent to reproduce a copyrighted work if the author is the parent's 10-year-old child.

Rank this Week: 1616

Shades of Gray

Analyzes current developments in copyright law, including case law, legislation, pleadings, discovery, motion practice, pretrial and trial procedure, and Copyright Office practice. By Naomi Jane Gray.

http://www.shadesofgraylaw.com/

Nov 2
A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. ICON Health &…
Nov 2
A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Case

Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action. The United States Supreme Court’s 2014 opinion in a patent case, Octane Fitness, LLC v. ICON Health &…
Jun 11
Shades of GrayerNext Stop: IP Domination

Shades of GrayerNext Stop: IP Domination

We are pleased to announce the formation of Shades of Gray Law Group, P.C., a boutique law firm focusing on intellectual property and commercial prosecution, litigation, and counseling, with a particular emphasis on copyrights and trademarks.…

Rank this Week: 281

Blawg IT

Covers patent, copyright, trademark and Internet related legal issues. By Patent Attorney Brett Trout.

http://blawgit.com

Aug 29
Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law

Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law

Brett J. Trout has been selected by his peers for inclusion in the 23rd Edition of The Best Lawyers in America® in the practice areas of Information Technology Law and Patent Law. The Best Lawyers in America® publication is the oldest…
Aug 29
Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law

Brett Trout selected for The Best Lawyers® 2017 in both Patent Law and Information Technology Law

Brett J. Trout has been selected by his peers for inclusion in the 23rd Edition of The Best Lawyers in America® in the practice areas of Information Technology Law and Patent Law. The Best Lawyers in America® publication is the oldest…
Mar 21
Supreme Court Takes On Design Patent Damage

Supreme Court Takes On Design Patent Damage

Apple v. Samsung Apple applied for and received two design patents covering design elements on the front face of the Apple iPhone. Apple then successfully sued Samsung for infringement of these design patents. The jury awarded Apple damages…

Rank this Week: 737

Anti-Generic Trademark

Covers strategic brand planning and foundation with commentary on trademark prosecution, trademark enforcement, making a brand famous, confronting online infringement and cybersquatting, and licensing a trademark. By Justin Clark.

http://www.antigenerictrademark.com

Jul 18
Up in Smoke: Trademark Options for Cannabis Businesses Just Got Narrower

Up in Smoke: Trademark Options for Cannabis Businesses Just Got Narrower

It seems like it has always been an uphill battle for businesses in the marijuana business. Skating on the precipice of state laws, on one side, that may allow for widespread distribution of marijuana in the state, and federal laws, on the…
Jul 15
Pop Goes the Trademark - Lessons on Branding From Celebrities (How Dare I?)

Pop Goes the Trademark - Lessons on Branding From Celebrities (How Dare I?)

Br [...]
Nov 16
Too Much of a Good Thing – The Death of "Urban Homesteading" Trademark

Too Much of a Good Thing – The Death of "Urban Homesteading" Trademark

[...]

Rank this Week: 2684

Street Art & Law

Covers street art, copyright, and copyright infringements of street artists' works.

https://streetartandlaw.wordpress.com/

Jul 18
Maya Hayuk – Starbucks and the substantial similarity test. Idea vs. expression

Maya Hayuk – Starbucks and the substantial similarity test. Idea vs. expression

72andSunny is an advertising agency that in October 2014 was developing an advertising and media campaign for Starbucks. On October 10, 2014, 72andSunny contacted Maya Hayuk by email to see if she was interested in creating artwork for the…
Jul 10
Rime vs Moschino – Scott : settlement?

Rime vs Moschino – Scott : settlement?

On June 27th Rime entered a stipulation to dismiss defendant Jeremy Scott IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that all of Plaintiff’s causes of action against…
Jun 2
Space Invader and the removed mosaic in Pari

Space Invader and the removed mosaic in Pari

On April 28, 2013 in Paris, 3 arrondissement, two persons were caught while removing a Space Invader mosaic (PA_696 in the picture below) Space Invader asked the Court (the Tribunal Correctionnel de Paris) to declare them guilty of…

Rank this Week: 1474

Emerging Technologies Blog

Covers GPL, open source and free software. By Brown Rudnick.

http://brownrudnick.com/blog/emerging-technologies/

May 13
10 Primal Particular of a High-quality Virtual Data Contractor

10 Primal Particular of a High-quality Virtual Data Contractor

VDRs are becoming more and more demanded among deal-makers all over the planet. Investment bankers, lawyers and top managers of companies are interested in the convenient and protected room to keep their data and to fulfill many transactions.…
Dec 21
Mobile App Privacy: Five Things Businesses Can Do To Stay Out Of Trouble

Mobile App Privacy: Five Things Businesses Can Do To Stay Out Of Trouble

The business case for offering a mobile app can be compelling: an app can give a business a constant presence on its customers’ mobile desktop, building brand awareness and allowing easy and direct interaction. But businesses that roll…
Jun 29
A New Wave Of GPL Enforcement? Samba and Linux kernel copyrightholders join the fight

A New Wave Of GPL Enforcement? Samba and Linux kernel copyrightholders join the fight

Talk about unintended consequences: Rob Landley, a lead developer of BusyBox, announced that he was rewriting that program solely to disarm GPL enforcers. In response, several other copyright holders came forward to hand the enforcers some…

Rank this Week: 3771

A Copyfighter's Musings

Discuss current copyright/internet law issues. By Derek Slater.

http://blogs.law.harvard.edu/cmusings

Apr 25
Takedown

Takedown

These days, I spend most of my work time here. The copyfighting lives on within the family, though.
Oct 16
noimnotgoingtolawschool.com

noimnotgoingtolawschool.com

noimnotgoingtolawschool.com https://plus.google.com/u/0/107734895193166429976/posts/TsrKbF2BvP1
Oct 16
noimnotgoingtolawschool.com

noimnotgoingtolawschool.com

noimnotgoingtolawschool.com https://plus.google.com/u/0/107734895193166429976/posts/TsrKbF2BvP1

Rank this Week: 745

Copyfight

Covers the politics of IP.

http://copyfight.corante.com/

Oct 9
NASA Bulking Up Public Domain

NASA Bulking Up Public Domain

A brief happy moment in my morning: NASA has put onto Flikr thousands of photos from the "Project Apollo Archive. They are organized into albums by Apollo mission numbers and include hundreds of images never before seen by the public. All…
Oct 3
Un/Fair Use Event at CfA New York

Un/Fair Use Event at CfA New York

The MIT Architecture School (of which I am, technically, a graduate) is collaborating on an exhibition on the topic of copying and copyright in architecture. Called Un/Fair Use the event opened last month and runs until January 2, 2016 at…
Sep 25
Happy Not-Copyrighted Birthday

Happy Not-Copyrighted Birthday

A couple days back, District Judge George H. King agreed that the song "Happy Birthday to You" - specifically the lyrics of the song - were not copyrighted. It's been clear for some time that the melody, originally sung as "Good Morning to…

Rank this Week: 2533

In Between Cases

Covers copyright, fair use, and sometimes trademark. By Christopher F. Meatto.

http://harvardlaw74.com

Jul 27
My Team

My Team

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May 10
Required Reading 2015 for HarvardLaw74 Startup Client

Required Reading 2015 for HarvardLaw74 Startup Client

Teaser Article Quote: “While there is certainly something more admirable, and typically less noxious, about those who innovate ideas and services than those who place bets and structure deals, let’s call it what it is. No matter…
Mar 23
Kleiner Perkins Gender Discrimintion Goes to Jury on Punitive Damage

Kleiner Perkins Gender Discrimintion Goes to Jury on Punitive Damage

“There is sufficient evidence from which a reasonable juror could conclude that Kleiner Perkins engaged in intentional gender discrimination, that Kleiner Perkins acted with malice, fraud or oppression,” wrote Judge Harold Kahn.…

Rank this Week: 601

IP in Brief

Comments on developments in copyright and trademark law. By Andrew Berger.

http://www.ipinbrief.com

Jun 30
Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringement

Will Be Updating LawLine Course on Protecting IP from New Forms of Online Infringement

On September 17, 2012, I along with my colleague Don Prutzman presented a program at the firm entitled How to Protect Your Intellectual Property from New Forms of Online Infringements and Brand Attacks. I outlined why online infringement is a…
Apr 15
Will Moderate a Panel Dealing with Misuse of Social Media at Trial

Will Moderate a Panel Dealing with Misuse of Social Media at Trial

I will moderate a panel entitled “Avoiding the Googling Mistrial: Dos and Don’ts When Preparing for Trial in the Age of Social Media” at the Litigation Counsel of America’s 2015 Spring Conference & Celebration of…
Mar 19
Proving and Disproving Trade Secret Claim

Proving and Disproving Trade Secret Claim

Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation.

Rank this Week: 151

IP Litigation Law Blog

Covers contingent fee, alternative billing, copyright lawsuits and patent lawsuits. By Mann Law Group.

http://www.iplitigationblog.com/

May 21
"When Dr. Leighton and Mr. Lewin patented their invention, they expected our legal system to protect their intellectual property."

"When Dr. Leighton and Mr. Lewin patented their invention, they expected our legal system to protect their intellectual property."

Heh, heh, heh...ho, ho, ho,...whatever lead them to believe THAT? The Federal Circuit, perhaps spurred on by the hysteria over "patent trolls," continues to systematically extract whatever worn down, yellowed and decaying teeth remain in the…
Dec 4
Too big to what??

Too big to what??

You have heard about banks that are "too big to fail." Well, we are about to find out if some law firms are too big to make mistakes.At least that is what Sidley & Austin is apparently hoping the Federal Circuit will conclude…
Jul 29
IP Litigator Philip Mann Named to 2014 Washington Super Lawyers List

IP Litigator Philip Mann Named to 2014 Washington Super Lawyers List

IP Litigator Philip Mann Named to 2014 Washington Super Lawyers List Normally we don’t toot our own horn – but we are pleased and honored to announce that our founder Philip P. Mann was recognized in the 2014 Washington Super…

Rank this Week: 1844

Coming of Edge

Discusses the legal hurdles facing startups and entrepreneurs including all intellectual property law topics. By Steven Buchwald.

http://comingofedge.com/

May 15
The New York Bitlicense is coming: What you need to know

The New York Bitlicense is coming: What you need to know

As the final version of the New York BitLicense will roll out within the next 2 weeks, bitcoin startups are gearing up to enter the U.S. market. The post The New York Bitlicense is coming: What you need to know appeared first on .
May 12
What Makes a Brand a Good Trademark?

What Makes a Brand a Good Trademark?

A suggestive trademark can be a salutary compromise between marketing and legal considerations. The post What Makes a Brand a Good Trademark? appeared first on .
Apr 30
LLC., C Corp, S Corp: How to Pick a Business Structure

LLC., C Corp, S Corp: How to Pick a Business Structure

Few decisions are as important as choosing the right entity for your new startup. This post explores the factors that matter most when making this decision. The post LLC., C Corp, S Corp: How to Pick a Business Structure appeared first on .

Rank this Week: 2198

Reasonable Balance

Covers copyright and music. By Nancy Prager.

http://nancyprager.wordpress.com

Jan 29
A Taylor Swift Teaching Moment: What is a Trademark

A Taylor Swift Teaching Moment: What is a Trademark

In the past few years I’ve become a fan of Taylor Swift. Perhaps not of her music, but the way she handles her career and her life. Standing up to Spotify and the paltry royalty rates it pays was just … Continue reading…
Jan 21
Copyright and the King, this time Martin Luther King Jr.

Copyright and the King, this time Martin Luther King Jr.

Today is a momentus day. It’s the second inauguration of Barak Obama, the first African-American President of the United States. Today is also the day on which we honor the memory and legacy of Martin Luther King, Jr., the…
Jul 20
Intellectual Property Enforcement: Have your voice heard

Intellectual Property Enforcement: Have your voice heard

The Prioritizing Resources and Organization for Intellectual Property Act of 2008 (the “PRO-IP Act”) enhanced civil and criminal penalties for intellectual property infringement as well as established the Intellectual Property Enforcement…

Rank this Week: 1376

TIPS: Perspectives on Intellectual…

TIPS: Perspectives on Intellectual Property Law

Covers traditional intellectual property (copyrights, patents and trademarks) and more nuanced areas of law, including media, technology, franchising, e-commerce, entertainment and advertising.By Waller Lansden Dortch & Davis, LLP.

http://www.wallertips.com/

Aug 1
Some Hospital Systems Under Attack By Cyber-Criminals Using Denial of Service Attack

Some Hospital Systems Under Attack By Cyber-Criminals Using Denial of Service Attack

Hospital emergency rooms are our first line of defense for actual attacks and emergencies, but in some cases ERs are finding themselves literally under cyber-attack. Recent law enforcement notices warn that telephone access to ER’s has…
Jun 11
The TTAB Did Not Love New York

The TTAB Did Not Love New York

Brand owners, marketers, and in-house counsel should be cognizant of the legal implications of selecting geographical terms for the name of a product. Waller intellectual property attorney, William F. Wilson, was recently published in the…
May 13
The Ninth Circuit Holds that Cancellation of a Trademark is a Remedy, Not a Cause of Action

The Ninth Circuit Holds that Cancellation of a Trademark is a Remedy, Not a Cause of Action

Waller Lansden Dortch & Davis, LLP attorney, Bob Felber, was recently published in the International Trademark Association’s (INTA) Bulletin where he discussed, Airs Aromatics, LLC v. Victoria’s Secret Stores Brand Management,…

Rank this Week: 3814

Copyright Chronicle

Covers copyright law and current copyright issues. By Thomas P. Gulick.

http://copyrightchronicle.blogspot.com/

Apr 14
SCOTUS Ruling on Petrella May Have Long-Lasting Effects on Future Copyright Lawsuit

SCOTUS Ruling on Petrella May Have Long-Lasting Effects on Future Copyright Lawsuit

The Supreme Court of the United States has taken on two high-profile intellectual property cases, American Broadcasting Companies, Inc. v. Aereo and Alice Corporation Pty. Ltd. v. CLS Bank International, and a lower profile copyright…
Sep 18
BLURRED LINES: SOMEWHERE BETWEEN…

BLURRED LINES: SOMEWHERE BETWEEN FOGERTY V. FANTASY AND HARRISONGS V. BRIGHT TUNES The recent declaratory judgment lawsuit filed by Robin Thicke, Pharrell, and Clifford Harris, Jr. (collectively “Plaintiffs”)…
May 16
Builder Beware: Copyright Infringement for Architectural Design

Builder Beware: Copyright Infringement for Architectural Design

An often overlooked function of the Copyright Act is the protection it provides for architectural works. Recently, however, the Eastern District of New York was called upon to decide a copyright infringement claim involving…

Rank this Week: 3544

Contemporary Intellectual…

Contemporary Intellectual Property, Licensing & Information Law

Covers intellectual property, licensing law, privacy, data protection and security and UCITA. By Raymond T. Nimmer.

http://www.ipinfoblog.com/

Mar 30
DMCA 512 may have some bite for copyright owners - but very small

DMCA 512 may have some bite for copyright owners - but very small

Section 512 and the interpretation courts have given it have shifted too much of the burden to the rights owners. Every little step back to a better balance is welcome. In that spirit, the court’s decision…
Mar 22
"Transformative fair use" compared to "transformative purpose infringement", some cases get this totally wrong including in Google Book

"Transformative fair use" compared to "transformative purpose infringement", some cases get this totally wrong including in Google Book

In Acuff v. Rose, 510 U.S. 569, 114 S. Ct. 1164 (1994), the Supreme Court set out the rule that transformative use (copying) of a small part of a work could be fair use even if done for commercial purposes (the case involved a parody). Since…
Mar 12
WNET was wrong and should be reversed

WNET was wrong and should be reversed

A system captures broadcast signals and makes them available to potentially millions of the system's subscribers without a license from the copyright owners; is the system engaging in a public performance of the copyrighted works involved? …

Rank this Week: 2335

Trademark, Copyright, and…

Trademark, Copyright, and Entertainment Law Forum

By Anthony Verna.

http://tmcentlawforum.blogspot.com/

Nov 7
We're moving

We're moving

Please visit www.nyctrademarks.com and www.nyccopyrights.com for more blog entries.-Anthony VernaKravitz & Verna LLC160 West End Avenue212-729-5651averna@kravitzverna.comThe Trademark, Copyright, and Entertainment Law Forum is written by…
Aug 16
Is your trademark "fanciful"?

Is your trademark "fanciful"?

Is your trademark "fanciful"?
Aug 16
The FTC won’t fine my company for violations of advertising laws, right?

The FTC won’t fine my company for violations of advertising laws, right?

The FTC won’t fine my company for violations of advertising laws, right?Wrong.

Rank this Week: 4160

The Shout

Covers wiretaps, privacy, copyright, and free speech. By Jennifer Granick.

http://www.granick.com/blog

Jun 28
The Criminal NSA

The Criminal NSA

My opinion piece “The Criminal NSA” co-authored with Professor Christopher Sprigman has been published in the New York Times. The op ed is about NSA spying programs Prism and the collection of all phone metadata about…
Jun 28
The Criminal NSA

The Criminal NSA

My opinion piece “The Criminal NSA” co-authored with Professor Christopher Sprigman has been published in the New York Times. The op ed is about NSA spying programs Prism and the collection of all phone metadata about…
Oct 30
Granick Slate Card: November 6, 2012 Election

Granick Slate Card: November 6, 2012 Election

GRANICK SLATE CARD NATIONAL ELECTION, NOVEMBER 2012 Friends, Romans, Republicans:

Rank this Week: 1297

Dozier Internet Law

Comments on Internet law issues including hacking, intellectual property infringment, spam, free speech and regulatory matters. By John W. Dozier, Jr.

http://johndozierjr.typepad.com/dozierinternetlaw/

Oct 12
Internet Law: MySpace Murder in Virginia

Internet Law: MySpace Murder in Virginia

A suspect in the mass murder of four parents and teens in Farmville, Virginia has been arrested at the airport trying to flee to California. In "Google Bomb" I call for changes to Section 230 immunity so that web sites have the ability to…
Apr 16
Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Eric Goldman is a professor at Santa Clara University and as a former general counsel to Epinions.com has a long standing view of free speech that is, to say the least, one sided. He seems to always support a very liberal interpretation of…
Apr 16
Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Traverse Internet Law: Medical Justice and Eric Goldman's Attack Site

Eric Goldman is a professor at Santa Clara University and as a former general counsel to Epinions.com has a long standing view of free speech that is, to say the least, one sided. He seems to always support a very liberal interpretation of…

Rank this Week: 4064

Law Praxis

Covers legal theory and practice. By Matthew Parham.

http://lawpraxis.blogspot.com/

Jun 26
Small Businesses Can Avoid Expensive Problems Up Front with Thoughtful Formation Document

Small Businesses Can Avoid Expensive Problems Up Front with Thoughtful Formation Document

All too often, entrepreneurs do not put enough thought into formation issues when forming their small business. When unforeseen circumstances later arise, what seemed a quick and easy way to form a business can be revealed as an unexpected…
Jun 19
Car Dealers Must Disclose Reliance on Negative Credit History to Raise Car Loan Interest Rate

Car Dealers Must Disclose Reliance on Negative Credit History to Raise Car Loan Interest Rate

On May 31, 2012, the U.S. District Court for the District of Columbia held that the Fair Credit Reporting Act requires a car dealer to disclose to a car buyer that negative credit history resulted in a higher interest rate on the buyer's car…
Jun 11
Telephone Consumer Protection Act: The Federal Courts Giveth and They Taketh Away

Telephone Consumer Protection Act: The Federal Courts Giveth and They Taketh Away

Two federal courts recently issued decisions in cases construing the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227.

Rank this Week: 3569

Likely to be Confused - The Softer…

Likely to be Confused - The Softer Side of IP Law

Highlights recent appellate court decisions involving trademark, trade dress, copyright, and related issues. By Tom Casagrande.

http://secondarymeaning.blogspot.com/

Feb 4
Ending this blog.

Ending this blog.

Since I now work for the USPTO, I believe it's imprudent to continue commenting on these appellate decisions, so I have decided to stop blogging on IP matters. But feel free to drop by my wine blog at http://bighousewine.blogspot.com. No…
Nov 10
2d Cir.: Nike's broad covenant-not-to-sue for TM infringement kills jurisdiction over invalidity/cancellation DJ under MedImmune test

2d Cir.: Nike's broad covenant-not-to-sue for TM infringement kills jurisdiction over invalidity/cancellation DJ under MedImmune test

Nike was recently rewarded for pulling a potentially risky litigation move: trying to avoid a troublesome DJ/cancellation counterclaim by unilaterally issuing a broad covenant-not-to-sue. This move is a little like surrendering without…
Oct 25
1st Circuit: Insurance Policy "Antitrust Exclusion" Also Excludes False Advertising/Labeling Claim

1st Circuit: Insurance Policy "Antitrust Exclusion" Also Excludes False Advertising/Labeling Claim

The First Circuit recently held that an insurer was not required to defend and indemnify its insured against claims for misleading product labeling.Accused of deceptive trade practices, false and misleading advertising, and deceptive labeling…

Rank this Week: 2522

Lawgarithms

Issue-spotting the Live Web. Covers blogging, copyright, licenses, privacy, software, syndication and more. By Denise Howell.

http://www.zdnet.com/blog/howell/

Nov 16
Touched by the TSA

Touched by the TSA

Stop the security line, I want to get off. And I’m taking my kid with me.
Nov 16
Touched by the TSA

Touched by the TSA

Time was when having "the talk" with your kids meant the birds and the bees. Nowadays parents also have to be ready to explain shoe- and underwear-bombers, molotov toothpaste, and the touchy-feely TSA.
Nov 16
Touched by the TSA

Touched by the TSA

Time was when having "the talk" with your kids meant the birds and the bees. Nowadays parents also have to be ready to explain shoe- and underwear-bombers, molotov toothpaste, and the touchy-feely TSA.

Rank this Week: 733

Rules For The Revolution: The…

Rules For The Revolution: The Podcast

Answering your questions about podcasting, new media and the law.

http://www.rulesfortherevolution.com

Nov 11
Supernova – What Fair Use Questions Do You Have?

Supernova – What Fair Use Questions Do You Have?

On December 1 and 2, Supernova will be back in San Francisco with a really great assortment of discussions (agenda) and an extraordinary group of provacative speakers (speaker list).
Feb 8
We're Hiring at Vogele | Associates!

We're Hiring at Vogele | Associates!

I’m looking to hire a part time Law Office Administrator and Bookkeeper. The full description and application instructions are as follows: Position: Contract Law Office Administrator & Bookkeeper. Hours & Pay Rate: Part time,…
Sep 8
No “fair use” for the Harry Potter Lexicon

No “fair use” for the Harry Potter Lexicon

The opinion in the Warner Brothers Entertainment & JK Rowling v. RDR Books case just came down, and it’s an interesting outcome. The court found infringement of the reproduction right, but not the derivative works right. The court…

Rank this Week: 1855

Current copyright readings

Bibliography of current articles on the Digital Millennium Copyright Act, the TEACH act and other copyright issues. Maintained by Claire Stewart, Northwestern University Library. With contributions from Paul Clough, Stu Baker and Brian Nielsen.

http://copyrightreadings.blogspot.com/

Oct 4
Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Musicby Scott NicholsPC World, publication date: 29 September 2008 "Wal-Mart is just following the recent trend of screwing over customers by dropping DRM, as led by Microsoft and Yahoo. Sure,…
May 23
First Sale Victory in Vernor

First Sale Victory in Vernor

First Sale Victory in Vernorby WILLIAM PATRYPatry Copyright Blog, publication date: 22 May 2008 "...Judge Jones found that the transactions were legal. To do so, he had to wade through a thicket of court of appeals' opinions, ultimately…
May 23
Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

A very interesting week for Microsoft news: confirms a broadcast flag, announces ODF support, drops book programMicrosoft confirms Windows adheres to broadcast flagby Greg SandovalCNet News, publication date:18 May 2008 Open-Source File…

Rank this Week: 1840

Current copyright readings

Bibliography of current articles on the Digital Millennium Copyright Act, the Teach Act and other copyright issues. By M. Claire Stewart.

http://copyrightreadings.blogspot.com/

Oct 4
Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Music

Wal-Mart Drops DRM Servers, Customers Lose Musicby Scott NicholsPC World, publication date: 29 September 2008 "Wal-Mart is just following the recent trend of screwing over customers by dropping DRM, as led by Microsoft and Yahoo. Sure,…
May 23
First Sale Victory in Vernor

First Sale Victory in Vernor

First Sale Victory in Vernorby WILLIAM PATRYPatry Copyright Blog, publication date: 22 May 2008 "...Judge Jones found that the transactions were legal. To do so, he had to wade through a thicket of court of appeals' opinions, ultimately…
May 23
Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

Microsoft news: confirms a broadcast flag, announces ODF support, drops book program

A very interesting week for Microsoft news: confirms a broadcast flag, announces ODF support, drops book programMicrosoft confirms Windows adheres to broadcast flagby Greg SandovalCNet News, publication date:18 May 2008 Open-Source File…

Rank this Week: 861

chosaq

Tracks copyright related policy & technology developments in Japan. By Andreas Bovens.

http://chosaq.net

Jan 16
Japan Times article on recent net related legislative development

Japan Times article on recent net related legislative development

A quick pointer to a Japan Times article about some of the issues mentioned in my last entry. Chris Salzberg, of Global Voices and Gyaku.jp fame, was so nice to include a quote from a recent conversation we had about this issue :-)
Jan 3
Japan to outlaw downloading illegally reproduced content?

Japan to outlaw downloading illegally reproduced content?

The Private Music and Video Recording Subcommittee (??????????) of Japan’s Agency for Cultural Affairs is pushing for a revision of Article 30 of the copyright law, which will outlaw downloading illegal copies of content. Under the current…
Dec 19
A long overdue update

A long overdue update

Now that has taken a while! More than 4 months without a single entry—luckily enough, my stats tool reminds me from time to time that people still find their way to this blog. Traffic hasn’t really gone down over the last four months, and…

Rank this Week: 754

Google Copyright Blog

Covers search engines and copyright issues.

http://googlecopyright.blogspot.com/

Nov 10
The Limits of Google Ga

The Limits of Google Ga

Google at the pumpmay be a boon for drivers,but won't help this guy.
Nov 2
YouTube, Fair Use, and Automated Filters (Recent News)

YouTube, Fair Use, and Automated Filters (Recent News)

In October, YouTube finally unveiled its anti-piracy filter that it began testing over the summer. While the move can be seen as a response to both the Viacom lawsuit and as an appeasement to content partners, the parties in the Viacom and…
Nov 1
Viacom v. YouTube Discussion

Viacom v. YouTube Discussion

William wrote in to provide a link to a video of a symposium on the Viacom v. YouTube case, sponsored by Santa Clara High Tech Law Institute. The speakers (Fred von Lohman, Tyler Ochoa, Mindy Morton, and Jenny Lynn Cox) provide in depth…

Rank this Week: 3992

Academic Copyright

Covers law, culture and the use of intellectual property by scholars, teachers, students and librarians. By Elizabeth Townsend Gard.

http://academiccopyright.typepad.com/academiccopyright/

Jul 23
New blogging home

New blogging home

I am now blogging regularly at the Tulane Law School website.
Apr 2
The Schloss case

The Schloss case

It is strange... there hasn't been a lot (and by that I mean NO) discussion of the Schloss case on any of the listservs that come in... wierd. I'm not sure why. It seems to be staying under the radar. But I think it seems like a good…
Apr 2
Guest Blogging at Terra Nova

Guest Blogging at Terra Nova

Rachel and I are guest blogging over at Terra Nova this month. We are very excited.... http://terranova.blogs.com/. Also, episodes 1-7 of Fizzy's Second Life can be seen at http://fizzysecondlife.blogspot.com/.

Rank this Week: 988

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