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Criminal Law Intellectual Property Communications & Media

Read Criminal Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Trademark Owners Beware of Chinese Domain Name Marketing Ploy

by Jaburg Wilk on

Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark...more

Gavel to Gavel: Fake goods pose real risks when shopping online

by McAfee & Taft on

"'Twas the week before Christmas, and one click of the mouse ordered the presents for all in the house. With two-day free shipping and discounts galore, we just shop online – why go to a store?" Originally published in...more

Cannabis Trademark Strategy in Jeopardy

by Lane Powell PC on

The Trademark Trial and Appeal Board of the U.S. Trademark Office (TTAB) just rejected a popular strategy for protecting cannabis-related marks at the federal level. Many forward-thinking cannabis businesses have applied to...more

CFAA Double Feature: Ninth Circuit Issues Two Important Decisions on the Scope of Liability Related to Data Scraping and...

This past week, the Ninth Circuit released two important decisions that clarify the scope of liability under the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The Act was originally designed to target...more

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

by Dorsey & Whitney LLP on

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

False Marking Alert: Could International Product Sales, Shipments, Or Manufacturing Land You In Prison?

by PretiFlaherty on

Do you manufacture, ship, or sell products abroad that contain the ® trademark registration symbol on the products, labels, or packaging? If so, did you know that you may face criminal liability, imprisonment, fines, seizure...more

Landmark Case for Abuse of Personal Data

by DLA Piper on

In the September 9th landmark decision, the Hong Kong Magistrates' Court convicted Hong Kong Broadband Network ("HKBN") of a criminal offence for failing to comply with the direct marketing provisions of the Personal Data...more

Landlords Beware

by Seyfarth Shaw LLP on

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

Three Point Shot - May 2015

by Proskauer Rose LLP on

"Wild Thing" Forced to Tap Out in Battle against ESPN - Last month, the Eighth Circuit Court of Appeals forced former professional wrestler Steve "Wild Thing" Ray to tap out in his battle against ESPN by dismissing the...more

First Foreign Hacker Is Convicted In The United States Of Hacking Crimes Involving Theft Of Trade Secrets From American Companies

A 22-year-old Canadian hacker has been sentenced to federal prison by a Delaware court for engaging in a conspiracy to break into the computer networks of several large gaming companies, to steal trade secret and other...more

The Pirate Bay blocked in Portugal

by DLA Piper on

A recent Intellectual Property Court decision in Portugal determined that the main telecommunications operators have until the end of March to block the access of its users to The Pirate Bay domains, either through its main...more

The Fight against Counterfeit Products in Canada Just Got Easier

by Dickinson Wright on

Canada’s new Combating Counterfeit Products Act officially took effect on January 1, 2015. As part of the ongoing overhaul of Canada’s much neglected intellectual property regime, this new tool for content and brand...more

Canada Counters Counterfeiting: Border Enforcement Provisions of CCPA Come into Force

After years of calls for reform from intellectual property rights owners, the Canadian government has enacted new legislation in an effort to fight counterfeiters acting on a commercial scale. Bill C-8, the Combating...more

Business Round Up: The News and the Views

by DLA Piper on

Thomas Pink Ltd v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) Two particular points for brand owners to take away from the decision: 1. If faced with an invalidity challenge on the grounds of s3(1)(b) or (c)...more

New Federal Trade Secret Protections on the Horizon?

by Foley & Lardner LLP on

Conspicuously absent in the quiver of arrows available to a business looking to take action against someone who has misappropriated or is threatening to misappropriate its trade secrets is a federal cause of action for...more

Sports, Media and Entertainment Intelligence - May 2014 (Global)

by DLA Piper on

UK: London's IP anti-crime unit shuts down leading sports file sharing site - The City of London’s Police Intellectual Property Crime Unit has successfully shut down the Sports Torrent Network, a leading sports...more

London’s IP Anti-Crime Unit shuts down leading sports file-sharing site

by DLA Piper on

The City of London’s Police Intellectual Property Crime Unit (PIPCU) has successfully shut down the ‘Sports Torrent Network’, a leading sports file-sharing site offering its members links to sports events online. ...more

"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA

by Holland & Knight LLP on

As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting technological innovation,...more

46 sites blocked, watch your banners!

by DLA Piper on

The Italian tax police seized 46 websites streaming videos in breach of the copyright holders, but is also going after entities “supporting” such sites through banners published on them so starting a new approach in the fight...more

Spain: Increasing pressure on criminal courts against IP rights infringements

by DLA Piper on

The Criminal Court no. 4 of Castellón (Spain) has recently sentenced a peer-to-peer file sharing webmaster to 18 month imprisonment for a continued offence against IP rights. In addition, the Court has also banned him from...more

Police Unit for Online Piracy Established (United Kingdom)

by DLA Piper on

Lord Younger, in his capacity as Intellectual Property Minster, has announced that a new IP police unit is to be created by September of this year. ...more

Jackson Walker's VIA Media Postcard - April 2013

by Jackson Walker on

In This Issue: - Steve Fogle's Feature: Out of the Blue - A recent unexpected court order restricting the media from reporting on certain details of a high-profile criminal case serves as a reminder that the...more

Anti-counterfeiting strategies in the United States

Counterfeiting is a critical problem for trademark and copyright owners (‘IP owners’) affecting all industries, from pharmaceuticals and medical devices to electrical and auto products, toys and fashion items. To effectively...more

Recent Developments In Information Technology Law - First Quarter 2013

by Brooks Kushman P.C. on

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

Domain Name Seizure – It’s Not Just a U.S. Law Enforcement Tactic

by Ifrah PLLC on

We have previously reported in this space about the use of domain name seizures by American law enforcement. Recent media reports show that domain name seizure has become the go-to tactic for law enforcement for other...more

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