Communications & Media Law, Intellectual Property, Civil Remedies

The Second Circuit’s Aereo Math: One Copy + One Subscriber ? Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

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 New...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

by Elizabeth Featherman, Camille Miller | Cozen O'Connor on 5/15/2013

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 11, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/12/2013

- 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

A Private Matter: Second Circuit Rules that Aereo’s TV Streaming Service is Not an Infringing Public Performance

by Madeleine Rodriguez | Foley Hoag LLP - Trademark, Copyright &... on 4/12/2013

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

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

by Eric Feder, James Rosenfeld | Davis Wright Tremaine LLP on 4/10/2013

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

Prince, the DMCA, and Copyright Bullying

by Tim Sitzmann | Winthrop & Weinstine, P.A. on 4/10/2013

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

Funeral Homes In Charlotte Battle Over Trademark Infringement

by Mack Sperling | Brooks Pierce on 1/15/2013

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

Who Owns Your Twitter Account?

by Arianna Gleckel | Bean, Kinney & Korman, PC on 1/14/2013

Do you have a Twitter account for your business that your employees access? Do any of your employees’ tweet using a Twitter handle that includes your company’s name? If so, you need to update your social media policy in order...more

Think About Copyright Registration for That New Website Before You Even Hire the Web Developer

by Evan Pappas on 1/2/2013

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

THQ Goes Down

by Derek Allen | Winthrop & Weinstine, P.A. on 12/28/2012

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

Court Tackles Copyright Issue of "Throwback" NFL Uniforms in Video Games

by Seth Reagan | Manatt, Phelps & Phillips, LLP on 11/28/2012

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

IP Case Alert - Nov 2012

by Robert P. Andris | Ropers, Majeski, Kohn & Bentley on 11/14/2012

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

California Court of Appeal Holds No “Advertising Injury” Coverage for Product That Is Neither Mentioned Nor Disparaged in...

by Jamison R. Narbaitz | Sedgwick LLP on 11/12/2012

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

Would You Rather Pay $8.6 Million in Damages or Appeal that Award?

by Winthrop & Weinstine, P.A. on 11/9/2012

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

An Introduction to Copyright Law

by Good Attorneys At Law, PA on 11/6/2012

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

IP Update, Vol. 15, No. 9, October 2012

by McDermott Will & Emery on 11/1/2012

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

Decades of Delay Are OK: First Circuit Rejects Laches Defense Based on “Doctrine of Progressive Encroachment”

by Foley Hoag LLP - Trademark, Copyright &... on 10/31/2012

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

Posting Copyrighted Image Has Consequences

by Miller Canfield on 10/12/2012

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

Linkedin Lockout Loss for Employee

by Thomas Valkenet on 10/11/2012

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

IP Update, Vol. 15, No. 9, -- September 2012

by McDermott Will & Emery on 9/28/2012

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 27, 2012

by Loeb & Loeb LLP on 9/28/2012

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

City of Paris ordered to pay for reverse domain name hijacking in groundbreaking decision

by Looper Reed & McGraw, P.C. on 9/25/2012

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

An Update: The Cost Of An Illegal Download

by Mintz Levin - Intellectual Property on 9/21/2012

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

Panties: 1, Fair Use Doctrine: 0

by Greenberg Glusker Fields Claman & Machtinger... on 9/19/2012

Picture a sexy young bride, reclining sensuously on the nuptial bed. Smiling seductively, she lifts her wedding dress — a stretch white mini — to give her new husband a glimpse of the lingerie covering her private parts....more

Music Law Weekly Case Update for Music Industry Executives -- September 13, 2012

by Loeb & Loeb LLP on 9/14/2012

Table of Contents: Capitol Records Inc. v. Thomas-Rasset - Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more

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Communications & Media Law › Intellectual Property › Civil Remedies