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Communications & Media Intellectual Property Civil Procedure

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Advertising Law - July 2017 #3

Twitter Working to Limit Fake Stories, Accounts - In an effort to combat fake accounts, false stories and other abuses, Twitter is considering the use of a new feature to let users flag Tweets that contain misleading,...more

The Smartphone: A Treasure Trove of Evidence in Trade Secret Cases

by Seyfarth Shaw LLP on

It’s hard to believe the first smartphone was released over 20 years ago. At that time, few thought it would become such an integral part of our lives. Additionally, this year marks the 10th anniversary of the iPhone and its...more

Advertising Law - July 2017 #2

NAD Considers Grocery Store Claims, Including Jurisdiction Question - A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more

Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results

by Bennett Jones LLP on

The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the...more

Global injunctions available against search engines, rules Supreme Court of Canada

by DLA Piper on

The Supreme Court of Canada released a landmark decision on June 28, 2017 in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world....more

Digital Media Technologies, Inc. v. Amazon.com, Inc. (N.D. Fla. 2017)

When a district court judge states that "[o]ne could say this case is about a patent that claims too much and a legal test that provides too little," it is not hard to guess which way the case is going to go (the patent gets...more

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

by Bennett Jones LLP on

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...more

Comcast Prevails in Part on Striking OpenTV Infringement Contentions

On June 19, 2017, Northern District of California Judge William Alsup granted-in-part and denied-in-part plaintiff Comcast Cable Communications, LLC’s (“Comcast”) motion to strike defendants OpenTV, Inc. and Nagravision SA’s...more

Google Escapes Genericide Claim in Ninth Circuit Decision

On May 16, 2017, the Ninth Circuit rejected a petition for cancellation of the GOOGLE trademark based on a “genericide” theory that claimed Google should lose its trademark protection because the word “google” has become...more

Three Point Shot - June 2017

by Proskauer Rose LLP on

"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

In Landmark Decision, the Supreme Court Strikes Down Key Provision of the Lanham Act that Prohibits Registration of Disparaging...

by Payne & Fears on

On Monday, June 19, 2017, the U.S. Supreme Court in Matal v. Tam, 582 U.S._ (2017), unanimously struck down the disparagement clause of the Lanham Act, 15 U.S.C.A. § 1052(a), on grounds that it violates the Free Speech Clause...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 2

Preparing patent applications for examination at the United States Patent and Trademark Office (USPTO) requires proficient writing, detailed knowledge of the requirements of the Patent Act, and technical acumen. Once a patent...more

Ownership of a Trademark Follows Use

In Lyons v. The American College of Veterinary Sports Medicine and Rehabilitation, [2016-2055](June 8, 2017), the Federal Circuit affirmed the decision of the TTAB cancelling Lyons’ registration of the mark THE AMERICAN...more

Promise to Arbitrate Claims “Arising Under” is Narrower than Promise to Arbitrate Claims “Relating to” Agreement

In Evans v. Building Materials Corporation of America, [2016-2427](June 5, 2017), the Federal Circuit affirmed the denial of a motion to dismiss a complaint for patent infringement and trade dress infringement....more

There are Few Absolutes In Likelihood of Confusion; Apparently Fame isn’t one of Them

In Joseph Phelps Vineyards, LLC v. Fairmont Holdings, LLC, [2016-1089] (May 24, 2017), the Federal Circuit vacated a Trademark Trial and Appeal Board decision denying cancellation of Fairmont’s Reg. No. 4213619 on the mark...more

Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits

Section 411(a) of the Copyright Act generally requires copyright registration, or a refusal of registration, before a copyright action may be filed. This has led to a variety of decisions from the Circuit and District Courts...more

The Artist Formerly Known As…Warhol

by Dorsey & Whitney LLP on

Lynn Goldsmith is a professional photographer who rose to fame in the 1970’s for her portrait photography, especially for her work with musicians and other entertainers. Her work has appeared on over 100 album covers....more

A “Virtual” Home Is Not a Home: Court Sanctions Plaintiffs for “Reckless Disregard” in Deciding the Proper Forum for Their...

by Orrick - NorCal IP Group on

Usually, one benefit of being a plaintiff is deciding in what forum to pursue litigation. Generally, even a foreign-based plaintiff may pursue litigation in a U.S. forum where a defendant may be found or in which there is a...more

Ninth Circuit Confirms GOOGLE Is Not Generic

by Brinks Gilson & Lione on

On May 16, 2017, the Ninth Circuit affirmed the district court’s finding that the GOOGLE trademark had not become generic, providing guidance on preventing genericide. Elliott et al. v. Google, Inc., No. 15-cv-15809, 2017 US...more

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

With over one billion websites on the Internet, and 211 million items of online content created every minute, it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are...more

Forum Selection Clause Not Triggered Based on Statements Made in Another Forum

On May 15, 2017, District Judge Paul Oetken (S.D.N.Y.) denied the motion of Comcast Corporation, et al. (“Comcast”) for reconsideration of the Court’s prior Order dated December 14, 2016. The Court had earlier denied...more

No Charges by ISP for Performing its Duties Under the Notice and Notice Regime

by Bennett Jones LLP on

Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime. In Voltage Pictures,...more

Top 7 Reasons Why Websites Need a DMCA Agent

by Jaburg Wilk on

The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used. It governs the majority of US-based websites and...more

CJEU to rule on press publishers’ neighbouring right

by Hogan Lovells on

With decision of 8 May 2017, the regional Court of Berlin referred to questions for preliminary ruling to the Court of Justice of the European Union (CJEU). The court is concerned whether the rules on the press publishers’...more

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