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Creating Fake Customer Reviews Site Could Be False Advertising and Trade Libel

As evidenced by the success and robust market capitalization of the consumer review site Yelp, Internet users are increasingly turning to "regular people" as a lodestar for whether to purchase goods or services. This is...more

Business Law Newsletter - July 2014

In This Issue: - Redskins Trademark Cancelled - Q&A with Bean, Kinney & Korman - Knowing When and Why to Maintain Your Trademarks - Tortious Interference in Virginia - Improper Methods...more

Federal Circuit Review | June 2014

District Court Improperly Limited Claim To Preferred Embodiment - In GE LIGHTING SOLUTIONS, LLC v. AGILIGHT, INC., Appeal No. 13-1267, the Federal Circuit reversed in part and affirmed in part summary judgments of...more

Supreme Court Rules That A Non-Competitor Has Standing To Assert False Advertising Claims

On March 25, the U.S. Supreme Court held that a company has standing to assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can "show economic or reputational injury flowing...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Trademark Review - February 2014

Applicant Successfully Avoids Fraud Claim by Consenting to Judgment on Abandonment Claim - In a precedential opinion, the Trademark Trial and Appeal Board granted the Applicant’s motion for entry of judgment on the...more

Faked LinkedIn Profile and Twitter Hash Tags Give Rise to Trademark and False Advertising Claims

A recent opinion from the Western District of Virginia sets forth a useful framework for analyzing a variety of Lanham Act claims based on false commercial speech uttered in social media....more

(A Short History of) The Misuse of Trademarks to Control Free Expression

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

Privacy Causes of Action

An outline of privacy law that cites to potential causes of action, whether common law or statutory, with a focus on New York law....more

Computer Fraud and Abuse Act Limitations Accrued With Awareness of Unauthorized Access–Not Identity of Perpetrator

SUMMARY: The two year statute of limitations for Computer Fraud and Abuse Act claim began to run when the plaintiff had an awareness of an unauthorized access into its computer system even if the plaintiff did not know the...more

Public Website May Block Individual Access to Site

A publicly accessible website may selectively block users from using the website, and attempts by a blocked user to access the site may be a violation of the Computer Fraud and Abuse Act (CFAA). A federal district court...more

Advertising Injury Coverage and Fashion Designs

Modern businesses today consider their intellectual property as one of their most valuable assets. This is certainly the case for the fashion industry, where brands rely heavily upon trademark laws in the absence of a more...more

Taking Legal Control Of The Company Social Media Account

What happens when the employee who set up the company’s LinkedIn account leaves? ...more

Trade Secret Litigation Over Social Media: Is It Worth The Cost?

With the continually increasing popularity of social media websites like Facebook, Twitter, and LinkedIn, where members can be connected to friends, family members, co-workers, clients, and potential clients all by logging in...more

Cheese Wars

Trademarks covering cheese are at the heart of two lawsuits involving Kraft Foods Group, Inc. (“Kraft”). Kraft is the largest packaged-food company in the United States. It is second only to Nestlé in terms of world sales. ...more

California To Draw The Lines In Disparagement Liability

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

What’s Really in your Beer Name: Trademark Protection for Craft Brewing Companies and Their Beers

Besides the unique taste of your beer, what more than anything else helps your consumers remember the source of that fantastic beer? Obviously, your company name and probably also the name of your beer. With hundreds of...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 14, 2013

In This Issue: - Gibson Guitar Corp. v. Viacom International, Inc., USDC C.D. California, March 8, 2013: District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for...more

Business Law Newsletter - January 2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

Enforceable On-Line Terms of Service

If your company uses a browsewrap license agreement on your website, it may not be legally binding on site visitors. That’s the message from a recent case, In re Zappos.com Inc., Customer Data Security Breach Litigation,...more

When Are Witness Statements Protected As Attorney Work Product?

One of the first things an attorney does when representing a client in a particular matter is interview witnesses to learn the facts of the case, or have an investigator do such on their behalf. The attorney will almost...more

Creating A Win-Win Relationship With Corporate Counsel

Building strong relationships between your company’s in-house corporate counsel and outside counsel is crucial to developing trust, effective representation, and retention to meet your corporate needs. The keys to doing so...more

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