Civil Rights Intellectual Property

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UK: Copyright- Music industry seeks review of law allowing fans to copy music

The UK Government is facing a Judicial Review challenge over a failure to include compensation provisions in the recently introduced private copying exception to Copyright....more

November 2014: Appellate Practice Update

Preview of the U.S. Supreme Court’s October 2014 Term. The Supreme Court has begun its October 2014 Term with a docket featuring more constitutional and criminal law cases than business cases, but a few business cases before...more

Inter Partes Review Not Stayed, Despite Looming Patent Ownership Trial

Symantec Corp. v. RPost Commc’ns Ltd. - Addressing a motion to stay an inter partes review (IPR) by the patent owner, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB, the Board) denied the...more

Motion to Stay Pending Inter Partes Review Denied Where Plaintiff Had Prevailed in Previous Inter Partes Review

In this patent infringement case, Plaintiff, CTP Innovations, LLC ("CTP") sued V.G. Reed and Sons, Inc. ("Reed") to stop Reed's alleged infringement of two United States patents, which pertain to systems and methods of...more

Top Ten Tips for the Workplace

Every now and then, it’s worth it for even the most seasoned HR professional to receive a reminder about best practices in the workplace. Ensuring compliance with our Top Ten Tips list below, will help to keep your workplace...more

The TAKE OFF Campaign - Cavalli-er attitude or religious hyper-sensitivity?

There is a general rule that you don’t talk about sex, religion or politics at work. I did politics in my last Letter from Europe, and this time, I’m touching on the religious theme. (As I don’t think the firm would take...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 50: What Happens When a Boss “Likes” An...

As we conclude this 50 For 50 series, we look to the future of employment law. As we see it, the biggest change in the workplace has been the emergence of social media. According to recent surveys, nearly three-quarters of...more

Apple v. Samsung: District Court Denies Samsung's Emergency Renewed Motion for Stay Pending Reexamination of Apple's Patent

In the continuing battle between Apple and Samsung, Samsung recently filed an emergency motion to stay pending reexamination of an Apple patent. To analyze whether the stay was appropriate, the district court provided an...more

(A Short History of) The Misuse of Trademarks to Control Free Expression

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

Focused on Franchise Law - September 2013

FRANCHISOR 101: FRANCHISOR NOT LIABLE FOR ACTIONS OF FRANCHISEE'S MANAGERS - Cortland, a former bartender, sued GECP-Sunrise, LLC, a Buffalo Wild Wings franchisee, and its franchisor, Buffalo Wild Wings, Inc., claiming...more

Bernstein Shur Business and Commercial Litigation Newslette #31

We are pleased to present the 31st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases and news addressing the inclusion of binding forum selection clauses in corporate...more

Breast Cancer Patents Research - Myriad Genetics in US | Trastuzumab in India | Angelina Jolie's Mastectomy

Breast Cancer – Patents Introduction: Breast cancer is a malignancy that effects women across the world and is most prevalent among various types of cancers. Patents are jurisdiction specific exclusive rights that are...more

DOMA goes down - Copyright goes up - U.S. v. Windsor, Supreme Court, No. 12-307, decided June 26, 2013

The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of...more

Coyle: Robert's SCOTUS Doesn't Respect Congress  [Video]

June 21 (Bloomberg Law) -- Marcia Coyle, Chief Washington Correspondent for The National Law Journal, talks with Bloomberg Law's Lee Pacchia about her new book entitled "The Roberts Court: The Struggle For The Constitution."...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

In re Simon Shiao Tam

Ex Parte Appeal Brief of Simon Tam of the PTO's Refusal to Register THE SLANTS Trademark

From the Preliminary Statement: This is not yet another case of a member of an ethnic group seeking registration of a supposedly offensive slur on the ground that group members, or he in particular, have “embraced” the...more

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals - February 2013

In This Issue: - Asia Employment Law Update - France Employment Law Update - UK Employment Law Update - United States Employment Law Update...more

Geolocational Privacy Law Evolved Slowly in 2012

The law of geolocational privacy continued to evolve in 2012 even though the Supreme Court sidestepped the issue in a potential landmark case. Despite the lack of clarity from the Supreme Court, there will be more...more

Indiana Sex Offender Social Website Ban Law Is Unconstitutional

An Indiana statute prohibiting most registered sex offenders from using social networking websites is unconstitutional because it is an overly broad infringement of First Amendment rights. The Indiana law prohibited...more

To Be Judged Not By the Color of Their Skin, But By the Content of Their Legal Briefs

[Ed. Note: In honor of Martin Luther King, Jr. Day, we'd like to re-run one of our favorite seasonal blog posts, thereby honoring Dr. King's legacy not only as a visionary and civil rights leader, but also as a copyright...more

Trademark Registration Application for THE SLANTS

THE SLANTS Trademark Registration Application, Office Actions and Responses, plus Notice of Appeal

Can THE SLANTS be registered as a trademark? In fact, there are many trademark registrations for the word SLANT. But what if the person who wants to register the mark is Asian? According to the PTO, then the mark may not...more

No Daubert Hearing Equals $10 Million Error in 9th Circuit

No Daubert Hearing Equals $10 Million Error in 9th Circuit The U.S. Supreme Court isn’t the only judicial panel to wrestle with difficult Daubert questions lately. While the Supreme Court ponders the potential fate of...more

"The 2012 U.S. Supreme Court Term: Business Cases to Watch"

The U.S. Supreme Court's new term began on the first Monday of October, its first public meeting since the Court's high-profile health care decision in June, and there already are a number of cases that will have a...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - October 25, 2012

Table of Contents: - Claybrook v. American Broadcasting Company: District court dismisses putative class action alleging racial discrimination in casting of shows The Bachelor and The Bachelorette, holding that...more

Watch Your Assets! Using Injunctions to Protect Trade Secrets, Customers, Employees, and Good Will

In this series of blog posts we will examine the use of injunctive relief in state and federal courts in response to employees who have misappropriated confidential information and trade secrets, who solicit clients and...more

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