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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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