Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Patent Office Litigation Update: Patent Zombies
Clinton: SCOTUS Myriad Genetics Decision 'Terrific'
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
Patent Series: Protecting inventions
Trademark Series: Use-based trademark protection
Trademark Series: Protecting your mark from becoming generic
Trademark Series: Matching your commercial strategy
Trademark Series: Building a global brand
Mobile App Series: Privacy by Design
Instapundit: America's IP Laws Need to be "Pruned Back"
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case
AIA Impact on Start Up Capital
Video Sharing App Vine Hit with Takedown Notice from Prince
Can You Patent Human Genes? ACLU Says No
AIA Impact on University Innovation and Tech Transfer
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Oral Arguments Before the USPTO Patent Trial & Appeal Board
Patent Office Litigation Update: Impact on Timing
Fortres Grand Corp. v. Warner Bros. Entertainment Inc., U.S.D.C., N.D. Indiana, May 16, 2013 - District court dismisses computer software company’s trademark claims against Warner Bros. based on references in Batman...more
Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more
There are so many fun things you can do with celebrities. In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets;...more
For some time now, Electronic Arts–purveyor of sports video games–has been embroiled in disputes relating to using the likenesses of former college athletes without providing them appropriate remuneration. There has been the...more
A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Around the Virtual World: May 20-24, 2013 - Nintendo Wants Review of Patent Claim Ruling in Wii...more
Under New York state law a decision in April 2013 holds pre-1972 sound recordings are not subject to the DMCA safe harbor provisions and Grooveshark is liable for state law copyright infringement of UMG owned pre-1972 sound...more
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
Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18...more
March 18 (Bloomberg Law) -- The Constitution lays it out. "To promote the progress of science and useful arts" we give creators an incentive; an opportunity to profit from their work for "limited times." After that, the...more
Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING. --- Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more
Now that 2013 has arrived, we look forward to a new year of media cases. However, in order to orient ourselves for 2013, it is important to stop and take a look back at some of the relevant entertainment and media cases of...more
Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more
In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more
Like Joel Tenenbaum, who has been discussed in prior entries in this blog, Jammie Thomas-Rasset has conducted a long-running battle with the recording industry over how much damages she should pay for her downloading...more
In This Issue: - Paul Watler's Perspective: One of the few places of refuge from the political campaign advertising onslaught was public television and radio. That may change depending on a little-noticed First Amendment...more
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
Table of Contents: Alexander v. Murdoch, USCA Second Circuit, November 14, 2012 - Second Circuit affirms dismissal of plaintiff’s copyright infringement and other claims against defendants, creators and producers...more
Many people consult with psychics. Not an unusual thing to do (certainly not in California). But not a lot of people spend the next 38 years adding rooms to their houses because the soothsayer said spirits would kill them...more
Table of Contents: ..Washington v. Take-two Interactive Software, Inc., et al. California appellate court affirms anti-SLAPP dismissal of misappropriation claim brought against Grand Theft Auto developers....more
Table of Contents: - Winchester Mystery House, LLC v. Global Asylum, Inc., Cal. Ct. App., California court of appeal affirms grant of defendant’s motion for summary judgment, finding that defendant established...more
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
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
H.R. 6530 -- Global Free Internet Act of 2012: The Global Free Internet Act of 2012 would establish a formal process in the U.S. government for evaluating policies that pose threats to Internet users and online services....more
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
You might remember KaZaA, a file-sharing site that allowed users to share music. Jammie Thomas-Rasset likely remembers it, and vividly. She was the first person to challenge the recording industry when it began coming after...more
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