Intellectual Property Communications & Media Science, Computers & Technology

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MarkIt to Market® - November 2016

The November 2016 issue of Sterne Kessler's MarkIt to Market® includes practical tips for registering certification marks, a look at the Trademark Trial and Appeal Board's latest revisions to the Rules of Practice-its most...more

New Registration Required for Designating Agents Under the DMCA

Under new Copyright Office regulations, parties seeking the benefits of immunity under the Digital Millennium Copyright Act must re-register their Designation of Agents for notice and service through a new electronic...more

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Online Service Providers: Don't Lose Your DMCA Safe Harbor Protections

On or before December 31, 2017, service providers must provide new designated-agent information to the U.S. Copyright Office through its new online registration system. Otherwise, the online service provider will not be...more

Read This If You Have a Website!

On Oct. 26, the Copyright Office published a notice of its final rule governing how online service providers must designate their "agent" for infringement notifications pursuant to the Digital Millennium Copyright Act, 17...more

Back to Basics: Trademarks – Part 3

Have you used your mark in commerce and what is the impact of that? If you are already selling your product or service with the mark on it, you are “using” your mark in commerce. As a result, you will need to provide...more

When It Comes to the DMCA, a Red Flag Becomes Harder to Fly

It is unlikely that when Stephanie Lenz posted a home video of her children dancing to Prince’s “Let’s Go Crazy” on YouTube, she could have anticipated that, nearly a decade later, she would be seeking U.S. Supreme Court...more

Copyright Office Ditches Paper And Announces Electronic Renewal Requirement For DMCA Designated Agents

Since the enactment of the Digital Millennium Copyright Act (“DMCA”) in 1998, online service providers wishing to avail themselves of the DMCA’s safe harbors (from liability for copyright infringement) have been required to...more

Growing Small Satellite Market Spawning Litigation

Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more

Barry v. Medtronic: District Court Orders Strict Limits on Social Media Contacts with Potential Jurors

As the patent infringement case between Mark Barry, M.D. ("Barry") and Medtronic approached trial, the district court informed the parties that it intended to provide the parties with a list of potential jurors to assist...more

Alert: New DMCA Rule: Service Providers Must Re-register to Qualify for Safe Harbor Protection

The Copyright Office is imposing new registration requirements on service providers in order to maintain their safe harbor protection under the Digital Millennium Copyright Act ("DMCA"). The new rule, effective as of December...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

Got a Website or an App? Take Action to Protect Yourself!

The U.S. Copyright Office has announced a new electronic filing system for registering websites, apps, and other online platforms for “safe harbor” protection from copyright infringement liability. The new system becomes...more

“Snap” decision leads to litigation — Snap Interactive files suit against Snap Inc.

A recent litigation brought against the parent company of the popular app Snapchat is a good reminder of the importance of clearing a mark and the pitfalls young companies face as they begin to mature. Snapchat is, of...more

MarkIt to Market® - October 2016

The October 2016 issue of Sterne Kessler's MarkIt to Market® newsletter provides an update on the Redskins trademark case, discusses a recent TTAB ruling regarding ownership of families of marks, and announces the new gTLD...more

Trump Skittles tweet illustrates photo copyright hazards

Even Halloween candy and political messages can implicate copyright law, as Donald Trump Jr.’s Skittles tweet illustrates. Back in September, Trump sent a tweet incorporating a photograph of a bowl of Skittles entitled,...more

10 Intellectual Property Pitfalls Every Startup Should Avoid

Partner Thomas Yee and Associate Jonathan Menkes presented "10 IP Pitfalls Startups Should Avoid" to a group of local startup companies. Please see full Presenation below for more information....more

Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

The answer in Germany is “yes.” To understand why, you have to understand the principle of “co-liability” or Störerhaftung. Under the principle of co-liability, operators of an open WiFi network can be held liable for the...more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing...

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please contact us...more

Retailers: Embrace Virtual Reality Now (But Also Be Careful)!

We’ve previously addressed the hype that it is only a matter of time until brick and mortar retail succumbs to its online competitors. While we concluded that brick and mortal retail is not in danger of immediate extinction,...more

MarkIt to MarketTM - September 2016

The September 2016 issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses protecting color as part of brand identity, and announces the new gTLD sunrise periods. Please see full Newsletter below for more...more

Perspective: The Accenture Blockchain Patent

Blockchain innovators need to understand that they are working in an early-stage, evolving IP landscape where the potential risks are still very difficult to evaluate....more

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