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Antennas, Broadcasting, and Copyright: The Supreme Court’s Review of ABC v. Aereo

US law provides copyright owners with a bundle of rights to protect their original works, including the exclusive right to publicly perform the copyrighted work. The question of what constitutes a public performance has...more

A Uniform Approach to Standing for False Advertising Claims under the Lanham Act

On March 25, 2014, the Supreme Court, in Lexmark International, Inc. v. Static Control Components, Inc., 572 U.S. ___ (2014), resolved a circuit split regarding the test for standing to assert a claim for false advertising...more

Supreme Court Inks Uniform Standing Test for Lanham Act False Advertising Claims

Key Takeaways - - The US Supreme Court created a uniform test for standing for false advertising claims under Section 43(a) of the Lanham Act, resolving a three-way circuit split. - The new standing test...more

ITC Reasserts Jurisdiction over Electronic Transmissions in Digital Models

On April 3, 2014, the International Trade Commission (the ITC or the “Commission”) released an opinion in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental...more

How Will ITC Confirmation That It Has Jurisdiction Over Digital Imports Impact Software and Media Industries?

The International Trade Commission (ITC) issued its much-awaited decision in Certain Digital Models today, affirming in a decision with important implications for the software and media industries that digital importation is...more

The Supreme Court Redefines Standing Requirements for False Advertising Claims

On March 25, 2014, Justice Antonin Scalia authored an opinion for a unanimous United States Supreme Court in Lexmark International, Inc. v. Static Control Components, Inc., case number 12-873, setting forth a bright-line test...more

Non-Direct Competitors May Sue Under the Lanham Act, Doctrine of Prudential Standing Eliminated

The Supreme Court of the United States swept away the different standards for Lanham Act prudential standing previously applied by the courts of appeals, and expressly discarded the amorphous concept of prudential standing in...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

Trademark Review - Covidien and Reynolds (March 2014)

The Board Has Power to Restrict the Scope of a Color Registration - Covidien sought to register a mark that consists of “the color pink (Pantone PMS 806)” as applied to medical connectors and lead wires for use with...more

The DMCA: Seeking Safe Harbor in a Sea of Troubles

Détente can be a beautiful thing. However, as demonstrated by the recent settlement agreement between Mega-media giants Google and Viacom, achieving it can be very expensive. In 2007, Viacom filed suit against YouTube...more

Twilight Trademark Trial Now on Horizon

Another father-daughter trip to Bath & Body Works (BBW) this past weekend revealed that his and her Twilight Woods personal body care products are still available for sale...more

Notice and take down, at last!

After a long debate and various consultations, today the Regulation on Online Copyright Protection issued by the Italian Communications Authority (AGCOM) will come into force! ...more

Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims;...

An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative...more

Supreme Court Creates New Standing Test For Asserting False Action Claim Under Lanham Act

On March 25, 2014, the Supreme Court issued a unanimous opinion, authored by Justice Scalia, in Lexmark International, Inc. v. Static Control Components, Inc. In a previous post, I discussed my involvement in this case at...more

Supreme Court Clarifies Standing For False Advertising Claims Under The Lanham Act

In a unanimous decision, the Supreme Court on Tuesday, in the case of Lexmark Int'l, Inc. v. Static Control Components, Inc., ___ S.Ct. ___, Case 12-873 (Mar. 25, 2014), settled an open issue regarding the relevant test for...more

U.S. Supreme Court Settles Lanham Act Standing Conflict

On March 25, 2014, the U.S. Supreme Court ruled that Static Control Components, Inc. had the right to sue Lexmark International Inc. under the Lanham Act’s false advertising prong. In doing so, the Court established a new...more

United States Supreme Court Clarifies What Plaintiffs Have Standing to Sue for False Advertisement Under the Lanham Act – Lexmark...

In a March 25, 2014 decision, the United States Supreme Court clarified what class of plaintiffs have standing to sue for false advertisement under the Lanham Act (codified at 15 U.S.C. §1125(a)). Lexmark sells the...more

Airport Restaurant Service Provider Seeks to Ground Hijacked URL

OTG Management, LLC (“OTG”), seeks to enjoin unnamed defendants from anonymously continuing “a misleading uniform resource locator (“URL”) and corresponding email services,” posing as an OTG employee and using OTG service...more

Litigation Alert: Supreme Court’s Lexmark Decision Creates Uniform Federal False Advertising Standing Requirement

On March 25, the Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim under Section 43(a) of the Lanham Act...more

Supreme Court Corner - Q1 2014

OCTANE FITNESS V. ICON HEALTH & FITNESS* - Patent: Argument: February 26, 2014 - Issue: Whether the Federal Circuit’s two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 – that it...more

U.S. Supreme Court Clarifies Standing Requirements for Lanham Act False Advertising Claim

A unanimous U.S. Supreme Court held Tuesday that a plaintiff may bring a false advertising claim under the Lanham Act, 15 U.S.C. § 1125(a), even where the plaintiff is not a direct competitor of the defendant. A false...more

This Porridge is Just Right: Supreme Court Adopts “Zones of Interest” Standing in False Advertising Cases

When we last posted about Lexmark v. Static Control, we expected that the Supreme Court would endorse one of the circuit court tests to determine whether Static Control, the maker of a chip that facilitates printer cartridge...more

Supreme Court Sets New Test in Lexmark for Whether a Party Has Standing to Bring a False Advertising Claim under the Lanham Act

On March 25, 2014, the Supreme Court in Lexmark International, Inc. v. Static Control Components, Inc., No. 12-873 (Mar. 25, 2014), ruled that a two-part inquiry pairing the zone-of-interests test and a proximate-cause...more

Supreme Court Espouses Standard for False Advertising Standing

The ongoing saga between Lexmark International and Static Control Components was kept alive by the Supreme Court in its March 25, 2014, unanimous decision affirming Static Control’s standing to bring a false advertising claim...more

District Court Allows Claims to Proceed Against Ripoffreport.com For Copyright Infringement And “Unfair or Deceptive” Acts In...

We previously reported on the unique cyber dilemma faced by Richard Goren, a Massachusetts attorney. Back in 2012, a disgruntled former client of Goren’s logged onto the consumer review site, and posted an outlandish – and...more

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