Trademarks are used to identify and distinguish an individual’s or entity’s goods or services from those manufactured or sold by others and to indicate the source of such goods or services. In contrast, and with respect to...more
The Copyright Act provides that an action for copyright infringement must be commenced “within three years after the claim accrued.” 17 U.S.C. § 507(b). The Supreme Court has not analyzed when copyright claims accrue under...more
A New York State trial court has held, in Patterson et al. v. Meta Platforms, Inc. et al., that the Communications Decency Act (CDA) does not preclude, as a matter of law, claims asserted against various social media...more
The Delaware Court of Chancery has recently held in In re McDonald’s Corporation Stockholder Derivative Litigation that shareholders can pursue a derivative claim for breach of the fiduciary duty of oversight against...more
The Southern District of New York has held, in Ratermann v. Pierre Fabre USA, Inc., that the Communications Decency Act’s (CDA) exception for intellectual property claims does not apply to claims asserted under New York Civil...more
2/6/2023
/ Communications Decency Act ,
Consumer Product Companies ,
Intellectual Property Litigation ,
License Agreements ,
Name and Likeness ,
Retail Sales ,
Right of Publicity ,
Right to Privacy ,
Section 230 ,
Single-Use/No Resale Restriction ,
Statutory Violations
Can the Supreme Court’s 2017 decision in Kokesh v. SEC, which found that disgorgement is a penalty and not an equitable remedy for statute of limitations purposes, be logically expanded to spell the end of the SEC’s...more
A Wisconsin federal court has held, in Cunningham v. Montes, that the Communications Decency Act (CDA) does not preclude claims asserted against providers of telemarketing services under the Telephone Consumer Protection Act...more
The SEC has filed charges against multiple ICO sponsors alleging securities law violations.
The Securities and Exchange Commission (the Commission) has put its digital money where its mouth is. After concluding in a July...more