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Science, Computers & Technology Communications & Media Intellectual Property

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December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act...more

Worried About Fake News? You Should Really Worry About Fake Drugs

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some...more

9th Circuit’s VidAngel decision vindicates lawful video filtering service

by Thompson Coburn LLP on

Some have cast the Disney v. VidAngel proceeding, decided August 24 by the 9th Circuit, as the “big studios” versus the “little guy”; the movie studios’ collective effort to kill filtering. This is far from the truth....more

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

Legal Issues For Creating And Maintaining Your Website

by Fraser Trebilcock on

The reach and impact of the internet is well known and it provides a must-have medium to advertise, promote, and conduct business. Setting up and maintaining your website may seem like a relatively straightforward process,...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

SSAC gives the thumbs down to the use of emoji in domain names

by Hogan Lovells on

Emoji, the pictorial symbols typically presented in a colourful cartoon form, are nowadays being widely used on smartphones, in chat, in email applications and in social media. Their increasing popularity has prompted the...more

File Share Platforms and Business Risk

by Seyfarth Shaw LLP on

The use of open file sharing platforms in business continues to increase in 2017; Dropbox alone has over 200,000 active business accounts. Unfortunately, the convenience of these platforms and the increase in use by...more

MarkIt to Market® - August 2017

The August 2017 issue of Sterne Kessler's MarkIt to Market® discusses lessons for trademark owners about genericide, lists the new gTLD Sunrise periods, and upcoming speaking engagements. Please see full Newsletter below...more

Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring...

We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of...more

A Copyright Fable: Debunking The “Seven-Second Rule”

If you are a television news producer or documentary filmmaker, you have almost certainly faced this issue: You are putting together a story about a past event, and you want to make the point that this past event was once the...more

Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

Ending Data Scraping Dispute, Craigslist Reaches $31M Settlement with Instamotor

Craigslist has used a variety of technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to, or accessing user postings for their own commercial purposes. For...more

A New Proposal by Two European Parliament Committees Reveals a Broadening Divide Amongst Stakeholders on How Best to Shape...

by Reed Smith on

An amendment to the proposal for a Directive on copyright in the Digital Single Market (the ‘Proposal’) creating a fair remuneration for authors and performers administered by Collective Management Organisations (‘CMOs’)...more

UDRP Proceedings: Solving Domain Name Disputes

by Revision Legal on

If a dispute arises over use and/or registration of an internet domain name, resolution of the dispute is accomplished through proceedings under the Uniform Domain Name Dispute Resolution Policy, known as UDRP proceedings,...more

Website Operators Need to Re-register Copyright Agents Under DMCA by December 31, 2017

by Clark Hill PLC on

On December 1, 2016, the U.S. Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act ("DMCA") notices of claimed infringement with a new electronic system. As part of...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

MarkIt to Market® - July 2017

The July 2017 issue of Sterne Kessler's MarkIt to Market® discusses trademark and domain name scams and lists the new gTLD Sunrise periods. Please see full Newsletter below for more information....more

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

DSM Watch: On your marks! Deadline for EU online Portability Regulation compliance is 20 March 2018

by Hogan Lovells on

In our 21 June blog we reported that the text of this, the first legislative proposal published by the Commission under the Digital Single Market strategy banner, had been finalised by the European Parliament and Council. ...more

Global injunctions available against search engines, rules Supreme Court of Canada

by DLA Piper on

The Supreme Court of Canada released a landmark decision on June 28, 2017 in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world....more

Are False Accusations Of Copyright Infringement Defamatory?

Is it defamatory to falsely accuse someone of infringing intellectual property? Last month, the California Court of Appeal, in FilmOn.com v. DoubleVerify, Inc., affirmed the dismissal of a defamation action in which the...more

Digital Media Technologies, Inc. v. Amazon.com, Inc. (N.D. Fla. 2017)

When a district court judge states that "[o]ne could say this case is about a patent that claims too much and a legal test that provides too little," it is not hard to guess which way the case is going to go (the patent gets...more

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

by Bennett Jones LLP on

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...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

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