Science, Computers & Technology › Civil Procedure › Art, Entertainment & Sports Law

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more

State court ruling creates new uncertainty for DMCA safe harbors

A New York state court has ruled that a DMCA safe harbor does not protect internet services from claims they infringe pre-1972 sound recordings. The decision, UMG Recordings v. Escape Media Group, creates new uncertainty and...more

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more

DMCA Safe Harbor Upheld for YouTube Once Again in Viacom v. YouTube

On April 18, 2013, the U.S. District Court for the Southern District of New York again held that YouTube is subject to the safe harbor provisions of the Digital Millennium Copyright Act as an internet service provider despite...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013 ..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more

Viacom v. YouTube Update: What Does It Mean For Me?

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more

Federal Court Says No to “Used” Digital Music Marketplace

Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a...more

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did...

On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United States District Court in the Southern District of New...more

Trademark Review - Volume 3 | Issue 3 March 2013

In This Issue: • NY Yankees Establish Rights to a Mark Despite Never Using It • Walgreen Is Denied Registration of WAL-ZYR for its Product Equivalent to ZYRTEC • The Batmobile Escapes a Motion to Dismiss -...more

The Ninth Circuit Clarifies Safe Harbor Rules in Veoh Victory

Last week, the Ninth Circuit further clarified the scope of the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision for online content providers. See UMG Recordings, Inc. v. Shelter Capital Partners LLC, No....more

Advanced Copyright Issues on the Internet - Updated March 2013

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet...more

US v. Pokerstars, et. al. (Christopher Ferguson)

SDNY Hon. Judge Kimba M. Wood executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

Approved and Executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON: Ferguson agrees to forfeit to the United States all funds in the Ferguson Account (the "Ferguson Account Funds") for disposition...more

US v. Pokerstars, et. al. (Christopher Ferguson)

LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin dated 02/19/2013

LETTER addressed to Judge Kimba M. Wood from AUSA Sharon Cohen Levin dated 02/19/2013 re Christopher Ferguson Settlement Stipulation. ...more

US v. Pokerstars, et. al. (Christopher Ferguson)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON [Submitted 02/19/2013 for court approval by Hon. Judge Kimba M. Wood] ...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PAPSA Litigation)

USDOJ MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT

MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division] --- [USDOJ Memo of Points & Authorities argues that PASPA is...more

Trademark Review - Volume 3 | Issue 1 January 2013

In This Issue: • Bottle Design and Bottle Cap Design Are Both Entitled to Trademark Registration • Disney Owns Winnie-the-Pooh Trademarks • Apple Loses Claim Against Amazon for Use of Appstore - Excerpt...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013 re: The Government requests, with the consent of claimant/defendant Ferguson, an additional...more

USCIS Issues RFE Templates for Certain Non-Immigrant Extraordinary Ability Categories

United States Citizenship and Immigration Service (USCIS) Requests for Evidence (RFE) can be a source of significant frustration for immigration practitioners and their clients. They sometimes reflect that a) the officer did...more

"Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit

On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. upheld an interesting jury verdict, resulting in a $319 million judgment...more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

LASC COURT RULING: In Favor of Demurring Defendant Ferguson et. al. moving defendants.

Defendant Chris Ferguson's Demurrer to all 3 of Plaintiff Cardroom's purported causes of action sustained by Los Angeles Superior Court Judge Elizabeth White: --- Ferguson had argued in his demurrer that Plaintiff’s...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012 re: Accordingly, the Government and defendant/claimant Ferguson jointly request that (a) Ferguson's memorandum in support of Lederer's...more

US v. Pokerstars, et. al. (Lederer)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO HOWARD LEDERER

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO HOWARD LEDERER [SDNY Court Clerk Summary]: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara,...more

Poker Gaming Act of 2013: State of Texas Bill (HB 292 filed 12/17/2012)

POKER GAMING ACT OF 2013 -- State of Texas Bill relating to the authorization and regulation of poker gaming and the duties of the Texas Lottery Commission; providing civil and criminal penalties. HB 292 Legislative Session:...more

What reach has your method claim? German Federal Court of Justice rules on scope of a patent claim covering coding and decoding...

As commonly known, the protection of a patented method does not stop at the application of that method, but encompasses the product directly obtained through that method. However, it is less clear whether only tangibles can...more

US v. Pokerstars, et. al.

NOTICE OF CASE REASSIGNMENT to Hon. Judge Kimba M. Wood

NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Leonard B. Sand is no longer assigned to the case. (pgu) (Entered: 11/29/2012) ...more