Are websites legally responsible for content posted by their users?
Do I need permission to use images from Google on my website?
Patent Infringement Defense Leveraging Contested Proceedings
Implementing a Counterfeit Enforcement Program
Design Patents: New Implications from the Hague Agreement
Patent Litigation and the Proposed Innovation Act of 2013
Developing a Business Strategy that Deters Counterfeiters
Protecting Trade Secrets When Employees Depart
Polsinelli Podcast - Conducting Business in China
Are there going to be new generic top level domains available in the future?
Beastie Boys Sue; Law Prof's 'Head Spins'
Polsinelli Podcast - Generic Drugs to Market - What's the Climate in 2014?
The Building Blocks of a Technology Deal
Emerging Strategies for Protecting Global IP Rights
Starting a new business? Intellectual Property 101 Presented by Prof. Islam & PA Thomas Lewry
Warranty vs. Indemnity
What should my company be aware of when launching a new website?
Demonstratives in Post-Grant Proceedings
Video: Claim Contruction in Post-Grant Proceedings
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
It is no secret that many private class actions are filed as follow-on lawsuits to news reports, government investigations, regulatory developments, and identical earlier-filed class actions. But a recent gambit by the...more
A required element to sustain a claim under the Anti-Cybersquatting Consumer Protection (ACPA) (15 U.S.C. § 1125(d)(1)(A)) is proof that the defendant acted with "bad faith intent to profit from that mark." As bad faith...more
Addressing for the first time the issue of whether the Anticybersquatting Consumer Protection Act (ACPA), which added two cybersquatting causes of action to the Lanham Act, provides for secondary liability, the U.S. Court of...more
In this issue:
- "Patent Troll" Reform Bills Moving Through Congress
- California Court Continues Ascertainability Trend, Denies Class Certification in Chipotle "Naturally Raised" Litigation
On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more
The Act against Improper Business Practices (“the Act”), passed by the German legislator, came into force on 9 October 2013, although some of its provisions on collections will take effect on 1 November 2014. The Act contains...more
The Federal Court recently handed down judgment in Louis Vuitton Malletier v Sonya Valentine Pty Ltd  FCA 933. Louis Vuitton Malletier (Louis Vuitton) alleged that Sonya Valentine Pty Ltd (Sonya Valentine) had...more
Facebook Changes Its Promotion Guidelines -
Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more
The subject of patent assertion entities ("patent trolls") has received a lot of attention in recent weeks. The federal government is now taking action on numerous measures to combat the persistence of these patent trolls....more
The constant drum beat of bad news for patent trolls appears to be having an effect – one of the most notorious trolls is now backing off. ...more
This article analyzes the US Supreme Court's recent antitrust decision in FTC v. Actavis, which held that that courts should apply the rule of reason in analyzing reverse-payment settlements.
The Supreme Court announced yesterday that next term it will consider what is required to establish standing to sue for false advertising under Section 43(a)(1)(B) of the Lanham Act, an issue that has long clouded the case...more
With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....more
Recognizing a problem that has long plagued Silicon Valley technology companies, on June 4, 2013, President Barack Obama issued executive actions and legislative recommendations "to protect innovators from frivolous...more
Order dismissing, for failure to state a claim under Fed. R. Civ. P. 12(b)(6), defamation claim pleaded as a Lanham Act trademark infringement in attempt to circumvent DMCA section 230....more
Per blogger and law professor Eric Goldman:
"You may recall PissedConsumer, the site that solicits user gripes, SEOs the crud out of them, and then offers the griped business pay-to-play to downgrade the visibility of those...more
In light of the December 16, 2011 Opinion and Order in this case denying plaintiffs' motion for a preliminary injunction -- on the ground that they had failed to show a likelihood of success on the merits -- one of the...more
The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more
After a 3-week trial and a flurry of post-trial motions, U.S. District Court Judge Alicemarie H. Stotler issued this 43-page ruling overturning the $1 million jury verdict against defendants, finding no likelihood of...more
This Reply was filed in conjunction with a motion to dismiss a pro se complaint alleging trademark infringement and violation of the model "Truth in Music" statute that's been enacted in a majority of states. What makes the...more
Day two of the trial. This starts out with the granting of our motion to quash a subpoena directed at a principal of S&L served, defectively, the night before, and includes the argument seeking the striking of the testimony...more
The trial of what remained of the matter following the dismissal of much of plaintiff's case on summary judgment....more
This denial in full of our motion to dismiss is rather difficult to reconcile with the Court's later rulings, but here it is....more
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