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Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

Recent Copyright And Trademark Administrative Developments

Some recent administrative developments may be of interest to copyright and trademark practitioners: Copyright Fees - Effective May 1, 2014, the U.S. Copyright Office has amended its registration fee schedule. This...more

What is a domain name? Is it the same as a company name? [Video]

Maria Crimi Speth, an Intellectual Property and Internet Law attorney at Phoenix Arizona business law firm Jaburg & Wilk, P.C. discusses domain names. She describes what a domain name is and talks about how it relates to...more

2012 Top Canadian Entertainment, Media And Communications Law Stories

In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on...more

Business Litigation Report -- December 2012

In This Issue: Firm News: ..Quinn Emanuel Deutschland Named “IP Law Firm of the Year” and “Patent Law Firm of the Year” by JUVE ..Intellectual Property Trial Lawyer Amar Thakur Joins Quinn Emanuel...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

IP Update, Vol. 15, No. 11, November 2012

IN THIS ISSUE: Patents - ..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction? ..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents ..Causal...more

Exemptions to the Digital Millennium Copyright Act

The U.S. Copyright Office recently issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA"). The exemptions, effective as of Oct. 28, 2012 define the limited circumstances that users are allowed to...more

Can you Really Get a Social Game Patent in Less Than a Year?

YES! One of the often cited reasons for not pursuing patents is that they take too long to obtain. In response to this concern, the US Patent office has implemented a procedure that enables applicants to make a request, when...more

Some New (and Some Rejected) Exemptions to the Digital Millennium Copyright Act

The U.S. Copyright Office issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA") on October 26. The exemptions, effective as of Oct. 28, define the limited circumstances in which users are allowed to...more

Finding a Home for Orphan Works: Copyright Office Seeks Public Comment for Report to Congress

The United States Copyright Office recently issued a broad notice of inquiry in the Federal Register, seeking comments from the public “regarding the current state of play for orphan works.” An orphan work is an original...more

Rogers et al v SOCAN: W(h)ither the "Making Available" Right?

Among the unanswered questions arising in the wake of the massive changes to the Canadian copyright landscape in 2012 is the issue of precisely how the two seismic forces at work (i.e., The Copyright Modernization Act and the...more

Copyright Protection for Clothing Designs Unlikely to Pass in 2013

As the year draws to an end and newly elected members of Congress celebrate over mimosas this morning, I thought we’d check back in on our old friend, the Innovative Design Protection and Piracy Prevention Act (“IDPPPA”) to...more

Parts of Bill C-11 Come Into Force - "Fair Dealing" Now Includes Parody and Satire

With the publication in the Canada Gazette on November 7, 2012 of SI/2012-85, much of The Copyright Modernization Act (Bill C-11) has come into force. As of today's date, the following sections of the Act are now in force:...more

CA Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law

[10/30/2012 Press-Release] California Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law: San Francisco -- Attorney General Kamala D. Harris this week began...more

MEA CULPA: U.S. Copyright Office Clarifies Definition of "Compilation" Under Copyright Act

The U.S. Copyright Office recently published a little-noticed, yet potentially far-reaching, "Statement of Policy; Registration of Compilations" in the Federal Register ("Statement"), restricting the definition of...more

Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012

Reid-Kyl Draft iPoker and iGaming Prohibition Bill Leaked -- "Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2012" A copy of the Kyl-Reid draft bill on Internet poker enabling...more

What's Old Is New Again

The Digital Millennium Copyright Act ("DMCA") immunizes conduct involving works the Copyright Act does not protect. That is the upshot of a recent ruling by Judge Barbara Kapnick of the New York Supreme Court in UMG...more

Innovative Design Protection and Piracy Prevention Act (IDPPPA) and the Innovative Design Protection Act (IDPA) – What's Next for...

The IDPPPA (H.R. 2511), a bill pending in the House of Representatives, is a proposed amendment to the Copyright Act that provides for a three-year term of protection for original elements or arrangements of fashion designs...more

Newly Certified SOCAN Tariff 22.A Expands to Cover "Video-Clips"

On October 5, 2012, the Copyright Board of Canada certified SOCAN Tariff 22.A (2007-2010) and CSI Online Musical Services Tariff (2008-2010). The tariffs themselves (SOCAN, CSI), the Board's reasons and a fact sheet are all...more

What Do Yoga Poses and Big Data Have in Common?

The U.S. Copyright Office recently issued a policy statement clarifying its approach to examining registrations of compilations, including claims for the selection and arrangement of independently uncopyrightable subject...more

Harmony or Discord?: As Copyright Transfer Termination Start-Date Looms, Artists and Companies Prepare for Legal Uncertainty

In 1978, many artists, such as the Rolling Stones, Dire Straits, Elvis Costello and Blondie, released chart-topping albums. If, in the past 3½ decades, they had transferred their copyrights, 2013 will offer a chance to regain...more

The Fate of the Music Industry is Jeopardized by Copyright Decision -- Decision Impacts Billions of Dollars in Royalties

A recent decision out of the Court of Appeals for the District of Columbia Circuit could have lasting implications on all Copyright Royalty Board rate determinations since 2004. In the case Intercollegiate Broadcasting...more

Collecting societies under the microscope

The European Commission’s proposal for a Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market In a display...more

Five Cases That Shook the World: An Entertainment Lawyer's Guide to the Copyright Pentalogy

Yowza. That disturbance in the force you felt on July 12, 2012 was the world of Canadian copyright law shifting slightly on its axis. The Supreme Court of Canada simultaneously released its decisions in five cases, cases...more

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