Intellectual Property Communications & Media Science, Computers & Technology

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Six Key Topics to Track During ICANN 51 in Los Angeles

The fifty-first international meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) formally commences on Monday, October 13, 2014, in Los Angeles, marking what will likely be the most well-attended North...more

“Look and Feel” of a Website can Constitute Protectable Trade Dress

The United States District Court for the Northern District of California, in Ingrid & Isabel, LLC v. Baby Be Mine, LLC, --- F. Supp. 3d ----, 2014 WL 4954656 (N.D. Cal. 2014), in reviewing the arguments before it, attempted...more

Landmark Oracle-Google Android Copyright Dispute May End Up In Supreme Court

While many smartphone users were gazing upon their new iPhone 6 Plus’s 5.5-inch screen with wonder, there was another notable development in the mobile/tech world – the ongoing software copyright dispute between Oracle and...more

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014 : District court grants partial summary judgment in favor of plaintiff on copyright claims against Sirius XM Radio, holding that...more

iOS 8: Bigger, Faster, But Still Not A Valid Trademark (Yet)

Although the iPhone 6 was the headliner, Apple’s release of iOS 8 was a respectable supporting act. Unfortunately though, the negative headlines keep coming in as poor performance reviews have kept more than half of Apple...more

Don’t Forget the Signature Line

In Sony Mobile Communications (USA) Inc. v. ADAPTIX, INC., IPR2014-01524, Paper 5, IPR2014-01525, Paper 4 (October 1, 2014), the Board granted a filing date to the petition, but noting the absence of the signer’s name and...more

Lightning Strikes and Patent Owner Gets Additional Discovery

In Samsung Electronics Co., Ltd. v. Black Hills Media, LLC, IPR2014-00717, Paper 17, IPR2014-00735, Paper 17 (October 2, 2014), the patent owner presented sufficient information to call into question whether Google was also a...more

SiriusXM and Pre-1972 Recordings Not So Happy Together

Debate over the most influential band from the 1960s will generally include names like the Beatles, the Rolling Stones, and Led Zeppelin, but a lesser-known act from one of music’s greatest eras, the Turtles, may have just...more

Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more

Did We Designate a DMCA Agent for Our Website Yet?

Under the Digital Millennium Copyright Act (DMCA), a "service provider" (as defined by the DMCA) has a safe harbor against liability for copyright infringement if, inter alia, the service provider has designated a DMCA agent...more

Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Last summer, Google was ordered by a Canadian court to de-index certain offending websites which were selling goods that were the subject of an intellectual property (IP) infringement claim (Equustek Solutions Inc. v. Jack,...more

Aereo: Another View

In American Broadcasting Companies, Inc. v. Aereo, Inc. (June 25, 2014), the Supreme Court reversed the Second Circuit’s denial of a preliminary injunction against Aereo, finding Aereo liable for direct copyright infringement...more

The Power of Smell: Scent Marketing Meets the Future of Gaming and Internet Surfing

Scent marketing is as old as a real estate agent baking cookies in a house for sale and as new as Oscar Mayer’s “bacon” alarm clock. Harnessing the primal power of smell represents a new frontier of subliminal...more

The Internet of Things and Canadian Copyright Law

Many of you have read about the dispute over copyright ownership of the monkey-selfie, where a primate took a digital photo that went viral and for which the owner of the camera tried to claim ownership. Ultimately the U.S....more

US Patent and Trademark Office Considering Proposal to Allow Amendments to Trademark Identifications Due to Technological Changes

The US Patent and Trademark Office (USPTO) is currently considering a proposal to allow amendments to the identifications of goods/services in a trademark registration because of technological changes in how the...more

Recent Developments In Information Technology Law – Third Quarter 2014

The 2013-14 term of the Supreme Court ended with multiple decisions on intellectual property issues. Over the past few months, the Court issued a number of patent law related opinions covering ground from claim...more

Lawyers for multiple small companies have accused search engine giant Google Inc. of stealing from their clients’ trade secrets

In the past lawyers for multiple small companies have accused search engine giant Google Inc. of stealing and profiting from their clients’ trade secrets. In the case of VSL Communications, their lawyers claim that Google did...more

The Alice Guidance Categories of Potential Abstract Ideas

The Alice Guidance lists four example categories of abstract ideas: - fundamental economic practices - methods of organizing human activities - an idea of itself (sic), and - mathematical...more

New copyright compendium provides some answers for website owners

If you are looking for answers to copyright questions, the Copyright Office’s newly issued 1,222-page “Compendium of U.S. Copyright Office Practices” might seem like a good resource. The book, issued on August 19, 2014, to...more

Status Updates - September 2014 #2

Lawsuit panned by Court. The popular ratings app Yelp has been cleared by a federal appeals court of allegations in a class action lawsuit that the company extorted advertising dollars from businesses by threatening to remove...more

I Want My Selfie Back!!!

If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

Markit to Market - August 2014

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more

Third Circuit Rejects Presumption of Irreparable Harm for Injunctive Relief under Lanham Act

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright and trade secrets, the Court of Appeals for the Third Circuit has ruled that...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure

This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the...more

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