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Intellectual Property Privacy Civil Procedure

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Copyright Plaintiff Allowed to Subpoena ISP to Discover Defendant’s Name

A recent decision from the District of Connecticut is part of a series of copyright cases where a plaintiff, unable to identify the accused infringer except by the Internet Protocol (or “IP) address used at the time of the...more

Win for Insurance Industry in Computer Fraud Coverage Ruling

by Cozen O'Connor on

Computers are involved at some point in almost every business transaction—that is the reality of life in the digital age. The implications of that fact are still being worked out with respect to the interpretation of...more

Failure to Explain Why Misappropriated Information is a Trade Secret May Lead to Dismissal of a DTSA Complaint With Prejudice

A recent decision in the Western District of Kentucky highlights the importance of explaining in a complaint under the Defend Trade Secrets Act why the allegedly misappropriated information qualifies for trade secret...more

WIPO - France: Domain name used for cyber fraud

by Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel ordered the transfer of a domain name because, although it had never been...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Advertising Law - February 2017

SPECIAL FOCUS: Current State of the FTC: Three Top Priorities - On February 2, Acting Chairman of the Federal Trade Commission, Maureen Ohlhausen, addressed the ABA 2017 Consumer Protection Conference in Atlanta and...more

Insurance Recovery Law - November 2016

Asbestos Injury Continuous, Delaware Supreme Court Rules - Why it matters - In the latest ruling in the long running asbestos litigation involving pump manufacturers in Delaware, the state's highest court declared,...more

Dynamic IP Addresses May Qualify as Personal Data

by Morgan Lewis on

In a key decision, the European Court of Justice has ruled that dynamic IP addresses may qualify as personal data in certain circumstances—ending years of uncertainty about whether such fundamental building blocks of the...more

Court Dismisses Case Filed Under the Defend Trade Secrets Act

by Hinshaw & Culbertson LLP on

Earlier this year, we notified you about the passage of the Defend Trade Secrets Act of 2016 (DTSA) and how it affects employers. On August 8, 2016, a U. S. District Judge in the Southern District of Florida dismissed one of...more

Ninth Circuit Rules on Meaning of “Without Authorization” under Computer Fraud and Abuse Act

by Nossaman LLP on

Last month, the Ninth Circuit affirmed the criminal conviction of an individual for accessing a computer “without authorization” in violation of the Computer Fraud and Abuse Act (“CFAA”). U.S. v. Nosal (9th Cir., July 5,...more

Advertising Law - July 2016

Ad Company's Geotargeting Locates a $1M Penalty - InMobi, a Singapore-based mobile advertising company, will pay almost $1 million in civil penalties and implement a comprehensive privacy program to settle charges that...more

Competitors in the Courtroom: When to Exclude a Party’s Designated Representative from Hearing a Competitor’s Trade Secrets

“You sued them. They stay, period.” This is the conclusion a Texas trial court came to when asked to exclude the designated representative of a party from a hearing where an employee of the other party, a direct competitor,...more

Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May...more

District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel

Following up on the district court's previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing...more

Friend Request Denied: Judge Asks Attorneys to Refrain from Social Media Searches of Jurors

In late March 2016, a California federal judge asked both Google, Inc. and Oracle America, Inc. to voluntarily consent to a ban against Internet and social media research on empaneled or prospective jurors until the...more

Intellectual Property and Technology News (North America), Issue 29, Q1 2016

by DLA Piper on

Wecome to the first issue of IPT News for 2016. When I am making New Year’s resolutions and setting goals for the coming year, I like to look back and see where I have been to plan for what is coming up ahead. We are taking...more

Intellectual Property Bulletin - Winter 2016

by Fenwick & West LLP on

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a...more

Oracle v. Google: District Court Rejects Jury Questionnaire and Orders Parties to Show Cause Why the Court Should Not Ban Internet...

As the re-trial in the Oracle v. Google case approaches, both parties requested an opportunity to use a jury questionnaire followed by a limited, one hour oral voir dire. The district court reviewed the proposed questionnaire...more

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

by McDermott Will & Emery on

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the...

by Fenwick & West LLP on

The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more

Recent Decision Highlights Important Pleading Requirements for Computer Fraud and Abuse Act Claims

by Seyfarth Shaw LLP on

Ever since Iqbal and Twombly, it has become imperative that a complaint filed in federal court contains “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v....more

Online Infringement and Norwich Orders: an update

by Field Law on

This is a case that became something of a lightning rod in the storm of subscriber privacy rights vs. copyright. As we wrote in our earlier post, a copyright owner can only enforce its rights against online infringement if it...more

Also In the News - Data, Privacy, & Security Practice Report - December 2015 #2

by King & Spalding on

Harmonizing Cybersecurity And Trade Secret Protection – Many companies are investing heavily in cybersecurity and implementing a framework such as the Cybersecurity Framework from the National Institute of Standards and...more

Obscured by the Cloud? Advanced Instructional Systems and the Scourge of Online IP Theft

by BakerHostetler on

The conveniences of cloud computing are many, but so are the dangers of doing business in the cloud. For businesses whose intellectual property is accessible in the cloud, there is the constant threat that that intellectual...more

Employee consent to use of personal data reliable under German law

by McDermott Will & Emery on

The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in...more

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