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Private or Public? The Developing Circuit Split on Internet TV Retransmission

It appears that a Circuit split is developing on the issue of whether Internet services that transmit network television programs are engaged in a transmission to the public in violation of the networks’ copyrights. The...more

Court Finds No Digital Re-Sale Right for iTunes Music

One reason to buy physical books and music CDs rather than Kindle books and iTunes files is that when you own a physical copy of the book or music CD, you can lend it to friends. You could also, if you chose, sell your copy....more

FiberCore Case Illustrates Ownership and Transferability of “Shop Rights” to Patented Inventions

An employer may have rights in a patent on its employee’s invention in three situations...more

5/7/2013  /  Inventions , Inventors , Patents , Transfers

Copyright Fair Use Defense Not Available to Aggregator of AP News Clips

A U.S. federal court has held that the publication by a media monitoring service of excerpts from Associated Press news articles is copyright infringement for which the fair use defense is not available. The Associated Press...more

Court Finds No Business In This Show Business Trademark Dispute

It is a basic principle of trademark law that a mark can only be assigned with the goodwill of the business to which the mark relates, for the good reason that the mark is in fact inseparable from the business. But what kind...more

The APP STORE Trademark Wars: New Year’s Installment

Amazon has recorded another success in its battle with Apple over use of the term APP STORE. The U.S. District Court in California has granted Amazon’s motion for summary judgment on Apple’s claim of false advertising...more

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