Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels...more
On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more
Those loyal readers of this blog know that the focus tends to be on what your company can and cannot do regarding social media use by potential employees (i.e., applicants) or current employees. But there is a third category...more
Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more
On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more
- American Broadcasting Companies, Inc. v. Aereo, Inc., USCA Second Circuit, April 1, 2013: Second Circuit affirms district court’s denial of plaintiffs’ request for preliminary injunction prohibiting defendant, Aereo,...more
Private PublicIn an industry where technology is constantly evolving and racing to keep up with consumer habits, a recent court ruling came down to one basic component: antennas....more
A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more
Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he...more
You don't see a trademark infringement action in the Business Court every day, let alone a TRO decision, but a case with both came along last Friday in SCI Carolina Funeral Services, LLC v. McEwen Ellington Funeral Services,...more
Many businesses fail to recognize that their original website content is valuable intellectual property and fail to take steps to adequately protect that content from being stolen or misused by a competitor. With little cost...more
As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances...more
Many video game creators go to great lengths to ensure that their games are highly realistic. Weapons, sound effects, uniforms, athletic abilities, locations, logos and other details are often copied from the real world and...more
In This Issue: Nominal Fair Use Doctrine Bars Winchester Mystery House Trademark Infringement; Fees Clause In Purchase Order And Invoice Entitled Fabric Wholesaler To Attorney’s Fees For Claims Made By Clothing...more
In Hartford Casualty Ins. Co. v. Swift Distribution, Inc., __ Cal.Rptr.3rd __, 2012 WL 5306248 (Cal. Ct. App. Oct. 29, 2012), the California Court of Appeal held that the “advertising injury” coverage in a CGL policy does not...more
Long time DuetsBlog readers may recall the lawsuit between Spin Master and Zobmondo regarding infringement of the “Would You Rather…?” trademark. Prior DuetsBlog coverage is here and here. The jury is in, literally, and...more
Copyright law is a body of federal law that protects “original works of expression” such as songs, musical compositions, photographs, and books, etc. created by musicians, DJs, artists and authors. Copyright law, in summary,...more
In This Issue: Patents - A Licensee Can Sometimes Bear the Burden of Proof on Non-Infringement; No Permanent Injunction if Plaintiff and Defendant Did Not Directly Compete; Ongoing Royalty to Be Applied Instead;...more
In a case on appeal from the District of Puerto Rico, the First Circuit held that the “doctrine of progressive encroachment” defeated a junior user’s laches defense, despite the fact that the junior user had been co-existing...more
Any organization with a website should take care that it is not posting anyone else’s copyrighted content without permission. If a court finds that the unauthorized use of another’s copyrighted content was done intentionally,...more
Can your employer demand access to your Linkedin account? Can your employer keep access to your account after you terminate employment? Can you sue for damages if your employer denies you access to Linkedin, and your...more
In This Issue: Patents: ..En Banc Court Deeply Divided on Divided Infringement ..Entire Market Value Rule–R.I.P.? ..Lack of Enablement Snares Patent’s Open-Ended Claim Scope ..Concentration Range...more
Table of Contents: - Diller v. Barry Driller, Inc.: District court preliminarily enjoins creator of internet site BarryDriller.com from continuing to use the name “Barry Driller” to market an internet streaming...more
I was fortunate to work with the team that won a $125,000+ judgment against the City of Paris (France, not Texas) for reverse domain name hijacking. In laymen’s terms, that is when an alleged trademark owner overreaches and...more
As you may recall, we asked the question in a recent blog post “Are You Willing to Pay $22,500 to Download A Song?” Well, we now ask “Are you willing to pay $9250 to download a song?” ...more
JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...
Learn More or Schedule a demo