Intellectual Property, Communications & Media Law, Commercial Law & Contracts

What Merchants Need to Know About the Mobile Payments Services Ecosystem: Patent Infringement Disputes

by Erica Wilson | Davis Wright Tremaine LLP on 5/21/2013

At LSI’s Merchant Strategies for Mobile Payments Conference in Seattle on May 14, DWT’s Erica Wilson presented on the topic of “What Merchants Need to Know About How the Key Players in the Mobile Payments Services Ecosystem...more

The Ska/DuClaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer

by Brian Gregg | McNees Wallace & Nurick LLC on 5/13/2013

The craft beer industry is expanding rapidly and it seems a new brewery opens, or an existing brewery expands, almost daily. As a result, craft beer industry trademark disputes are occurring with increased frequency....more

Free e-Book of Legal Audit: Internet & Cyber Laws for Website | Checklist: Do’s & Don’ts while doing Web (Internet) Based Business

by Rahul Dev on 5/11/2013

Introduction With the ever changing advent of Internet law, it is very crucial to ensure the legal compliance of a website and get it audited from an internet lawyer. Various components of a website, including, Terms and...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

by Ropes & Gray LLP on 4/10/2013

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more

IP Buzz - March 2013

by Venable LLP on 4/1/2013

In this issue: - The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names - Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...more

Trademark Management and the New Generic Top Level Domains

by Thomas Dover | Nossaman LLP on 3/12/2013

Everyone navigates the Internet. It is the new Grand Commons of society – the place for communication, commerce and information. Web sites populate and inform the internet. Every web site has a domain name such as...more

McAfee & Taft tIPsheet - March 2013: Keys to ensuring the secrecy of trade secrets

by Zach Oubre | McAfee & Taft on 3/5/2013

“Three can keep a secret if two are dead.” — Benjamin Franklin. In the shrinking world of social media, privacy seems to be an all but forgotten concept. But in the world of business, trade secrets are critical to...more

Dot Anything: Generic Top-Level Domains Update

by David Byer, Gregory Pieris, Chris Round | K&L Gates LLP on 2/21/2013

On January 12, 2012, ICANN, the authority responsible for management of the internet domain name system, launched the new, expanded, gTLD program, which we reported on here. As implementation moves forward, we want to keep...more

It’s a BRAND New World: Update on ICANN’s Expanded gTLD Program

by Judith Harris, Brad Newberg | Reed Smith on 2/5/2013

You have likely heard by now that the Internet is about to get substantially bigger and more complex, with potentially treacherous consequences for brand owners. This past fall, we wrote a chapter covering this issue in...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

by Walter Judge | Downs Rachlin Martin PLLC on 2/4/2013

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more

2012 Media Year in Review Media Law Bulletin - January 2013

by John Stephens | Sedgwick LLP on 1/23/2013

Now that 2013 has arrived, we look forward to a new year of media cases. However, in order to orient ourselves for 2013, it is important to stop and take a look back at some of the relevant entertainment and media cases of...more

Funeral Homes In Charlotte Battle Over Trademark Infringement

by Mack Sperling | Brooks Pierce on 1/15/2013

You don't see a trademark infringement action in the Business Court every day, let alone a TRO decision, but a case with both came along last Friday in SCI Carolina Funeral Services, LLC v. McEwen Ellington Funeral Services,...more

The APP STORE Trademark Wars: New Year’s Installment

by Sam Hudson | Foley Hoag LLP - Trademark, Copyright &... on 1/14/2013

Amazon has recorded another success in its battle with Apple over use of the term APP STORE. The U.S. District Court in California has granted Amazon’s motion for summary judgment on Apple’s claim of false advertising...more

Business Law Newsletter - January 2013

by Rachelle E. Hill, James V. Irving | Bean, Kinney & Korman, PC on 1/10/2013

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

On the FTC-Google Settlement

by Howard Ullman on 1/8/2013

Much has already been written about the specific terms of the settlement, so I will not attempt duplicate that effort. You can find the actual settlement here (see alert for link). There is some interesting background...more

Don’t Lose Your Trademark When Licensing It (…or How Not to “Run Naked”)

by Wahab & Medenica LLC on 1/8/2013

For established brands, trademark licensing can be a very lucrative enterprise. It allows the brand to expand its existing markets or venture into new ones with little additional risk or investment. This was not always the...more

Enforceable On-Line Terms of Service

by Peter Bauman - Senior Associate at Tharpe &... on 1/7/2013

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

FTC-Google Consent Decree Provides Important Lessons Regarding Standards-Essential Patents

by I. Neel Chatterjee, Monte Cooper, Jay Jurata, David Smith | Orrick, Herrington & Sutcliffe LLP on 1/7/2013

On January 3, 2013, the Federal Trade Commission (FTC) entered into a Consent Decree with Google Inc. (“Google”) and its wholly owned subsidiary Motorola Mobility LLC (“Motorola”). The decree settles allegations that Google...more

Most Popular Posts Of 2012

by Travis Crabtree | Looper Reed & McGraw, P.C. on 12/28/2012

Yes, it’s the lazy way to do a post during the week before Christmas and New Year. In my next post, we will use this information to help predict the trends of legal issues for online media, marketing, internet law and...more

No Plaque on This Scope Bottle Trademark

by Steve Baird | Winthrop & Weinstine, P.A. on 12/18/2012

Would you place this mouth wash bottle on your bathroom counter or hide it under the counter? The answer to this question, it appears, can have a material impact on whether the shape and design of the bottle functions as...more

When Are Witness Statements Protected As Attorney Work Product?

by Robert Freedman - Partner at Tharpe & Howell,... on 11/23/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 11/22/2012

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

Corporate Compliance with Licensing Requirements

by Peter Bauman - Senior Associate at Tharpe &... on 11/21/2012

Software and technology licensing fees are often tied to the number of users or devices that access an application or database. More users, or more devices, will often mean higher licensing fees. The terms and conditions...more

IP: Protecting your brand in the Internet of the future -- Pre- and post-delegation rights protection mechanisms for gTLDs

by Daniel Frohling, Jessica Lee | Loeb & Loeb LLP on 11/20/2012

Originally published in InsideCounsel.com on November 20, 2012. As the Internet Corporation for Assigned Names and Numbers (ICANN) gears up to begin delegating up to 1,000 new generic top-level domains (gTLDs) in little...more

It’s All in a Name -- How due diligence in selecting trademarks is a wise investment

by Ropers, Majeski, Kohn & Bentley on 11/19/2012

Originally published in the November 2012 issue of Smart Business Los Angeles. You know that picking the right name for a startup company or new product line can play a major part in its success. But name selection...more

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Intellectual Property › Communications & Media Law › Commercial Law & Contracts