Intellectual Property Law | JD Supra Legal News, Updates, Analysis, & Information

Three Point Shot - May 2012

by Proskauer Rose LLP on 5/23/2012

In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more

Spring Cleaning: FTC Announces Settlement with Oreck Corporation Regarding Vacuum Cleaner and Air Purifier Claims

by Foley Hoag LLP - Trademark, Copyright &... on 5/23/2012

The Federal Trade Commission has been busy. On the heels of its $40 million settlement with Skechers, one of the largest of its kind, the Commission yesterday announced that it has settled with Oreck Corporation regarding...more

My Fellow Californians - Our Long National Nightmare is Over

by Sheppard Mullin Richter & Hampton LLP on 5/23/2012

In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale...more

Federal Circuit Ruling Clarifies Recapture Rule For Reissue Claims Of Intermediate Scope

by Ropes & Gray LLP on 5/23/2012

On May 8, the Federal Circuit in In re Youman, No. 2011-1136, 2012 WL 1598089, clarified years of recapture law by vacating a decision of the Board of Patent Appeals and Interferences that rejected reissue claims being...more

Federal District Court’s Copyright Ruling Favors Georgia State University

by Franczek Radelet P.C. on 5/22/2012

In a case that has been closely watched through the higher education community, the U.S. District Court for the Northern District of Georgia held on May 11, 2012, that Georgia State University (GSU) was entitled to prevail in...more

GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case

by Ballard Spahr LLP on 5/21/2012

In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement claims lodged by a trio...more

Federal Circuit Addresses Recapture Rule in Patent Reissue Proceedings

by K&L Gates LLP on 5/18/2012

In its May 8 opinion In re Youman, the U.S. Court of Appeals for the Federal Circuit bolstered the utility of reissue proceedings as a means to broaden the scope of claims of issued U.S. patents. The Federal Circuit adopted a...more

Duty to Defend a “Looney” Copyright Claim

by Sedgwick LLP on 5/17/2012

Here’s a recent case we thought our readers would be interested in that was posted in our May 2012 Media Law Bulletin. When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island...more

Digital Media Law Alert -- Court Orders Search Engines and Social Sites to De-Index Websites -- May 2012

by Ruskin Moscou Faltischek on 5/17/2012

Hermes International SCA (www.Hermes.com), maker of Birkin handbags and silk scarves, recently won a judgment that includes $100 million in damages against 34 websites that sold fake copies of its luxury goods on websites...more

A Sea Change in the Safe Harbor

by Manatt, Phelps & Phillips, LLP on 5/17/2012

To the delight of content owners everywhere, the Second Circuit Court of Appeals has become the first court in the country to rule that Internet Service Providers (ISPs) can be liable for copyright infringement even if they...more

Shape-up or Ship-out: FTC Sends Tough Message to Marketers of Toning Shoes But Fails to Clarify Murky Standard

by Foley Hoag LLP - Trademark, Copyright &... on 5/17/2012

After much hype on Twitter regarding an action against a “major marketer of consumer goods,” the Federal Trade Commission today announced that it has settled with Skechers USA, Inc. over allegedly deceptive claims that the...more

ACTA: The Public Revolt

by Ladas & Parry LLP on 5/17/2012

The Anti-Counterfeiting Trade Agreement (ACTA) is the latest and most far-reaching attempt to harmonize intellectual property enforcement and strengthen anti-counterfeiting efforts across the globe. As of May 2012, the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 16, 2012

by Loeb & Loeb LLP on 5/16/2012

Table of Contents: - Greenspan v. Random House, Inc. - Scorpio Music S.A. v. Willis - Dash v. Mayweather...more

Do Your Vendors Have the Right Insurance to Pay for the Damages They May Cause to Your Business?

by Pierce Atwood LLP on 5/14/2012

When you enter into a contract with a vendor, you generally impose insurance requirements on the vendor and an indemnification obligation. But consider whether your current contracts have insurance requirements that would...more

California Jury Finds the Google Mobile Software Infringes Oracle Copyrights, but Fails to Decide if Google’s Use is Protected...

by Patton Boggs LLP on 5/10/2012

On Monday, a California jury found that the Google, Inc. Android mobile device software infringed Oracle Corp. copyrights that cover their Java product. Oracle acquired Java from Sun Microsystems several years ago and sued...more

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Intellectual Property – May 23, 2012

Narrowed by: Civil Remedies