Science, Computers & Technology, Intellectual Property, Communications & Media Law

The New Generic Top-Level Domains and the New Trademark Clearinghouse: Deciding Whether to Register Your Brands

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/17/2013

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

by Elizabeth Featherman, Camille Miller | Cozen O'Connor on 5/15/2013

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Are The Legal Rules For User Generated Content Becoming More Nuanced?

by Travis Crabtree | Looper Reed & McGraw, P.C. on 5/15/2013

The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy....more

Memes Attack

by Derek Allen | Winthrop & Weinstine, P.A. on 5/15/2013

A recent lawsuit combines a number of things that are surely ruining today’s youth: internet memes, the Nintendo DS, and side-scrolling video games (actually, that last one ruined my generation. Thanks Super Mario Bros.,...more

Advertising News & Analysis - May 9, 2013

by Allyson Baker, Edward Boyle, Suzanne Fay Garwood, Jeffrey D. Knowles, Randall Miller, Amy Ralph Mudge, Jonathan L. Pompan, Michael Rivera | Venable LLP on 5/13/2013

In this issue: - Product Demonstrations Deliver Reward…and Risk - Sometimes the Claim is in the Eye of the Beholder - Viacom v. YouTube Decision Maintains DMCA Safe Harbor for Video Site - TCPA...more

Judge Slams Copyright Troll Attorneys

by Balough Law Offices, LLC on 5/8/2013

A federal judge has referred a band of copyright troll attorneys to their respective state and federal bars for their “moral turpitude unbecoming of an officer of the court.” The judge also referred the attorneys to the U.S....more

Can Digital Goods Ever Lawfully Be Resold? A Legal Perspective...

by JD Supra Law News on 5/2/2013

A recent court case in New York highlights the ever-increasing clash between copyright law designed for real-world, physical goods and a modern world embracing all things digital....more

Taking On The Internet For Your Client's Reputation

by Samuel Apicelli, Christiane Campbell | Duane Morris LLP on 4/30/2013

My cell phone rings at 6:30 on a Friday evening. It's the CEO of a client company and she is panicked. Hysterical. It turns out she was doing some "old-fashioned" investigating by performing Google searches on herself and the...more

FTC Offers FAQ Guide for Revised COPPA Rule

by Balough Law Offices, LLC on 4/29/2013

A 92-question and answer guide is available from the Federal Trade Commission (FTC) to help businesses and parents understand the new rule for the Children’s Online Privacy Protection Act (COPPA), which go into effect July 1,...more

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

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 4/26/2013

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

by Meaghan Hemmings Kent, Martin Saad | Venable LLP on 4/26/2013

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

Update on ICANN’s New gTLD Program

by Ron Dreben, Dana Gross | Morgan Lewis on 4/25/2013

Brand owners should prepare for Internet expansion in 2013. Despite numerous concerns voiced by governments, law enforcement, brand owners, and businesses, the Internet Corporation for Assigned Names and Numbers...more

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

by Travis Crabtree | Looper Reed & McGraw, P.C. on 4/22/2013

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

Google AdWords Trade Mark Policy – Important Changes

by Caroline Cossio, Jonathan Feder | K&L Gates LLP on 4/19/2013

Google has revised its AdWords trade mark policy which is currently in place in Australia, Hong Kong, China, Macau, Taiwan, New Zealand, South Korea and Brazil and these changes will come into effect on 23 April 2013. From...more

DMCA Saves YouTube...Again

by James G. Gatto | Pillsbury Social Media, Entertainment &... on 4/19/2013

Yesterday a NY court again dismissed Viacom's $1 billion suit against Google/YouTube for copyright infringement. The court found that the DMCA shielded YouTube from liability after an appelate court vacated the prior...more

The Trademark Clearinghouse: What You Need to Know

by Claudia Smith | White & Case LLP on 4/16/2013

The Internet Corporation for Assigned Names and Numbers ("ICANN") will be expanding the number of generic top-level domains ("gTLDs") as a result of the application process that commenced in January 2012. It is expected that...more

New gTLDs Raise Data Security Concerns

by David Einhorn, Alan Pate | BakerHostetler on 4/16/2013

ICANN is well on its way to the launch of new generic top-level domains (gTLDs) with the first ones being approved as early as April 23rd. The handful of TLDs currently in use, such as “.com”, “.org”, and “.edu”, may soon be...more

Advertising News & Analysis - April 11, 2013

by Jeffrey D. Knowles, Claudia A. Lewis, Amy Ralph Mudge, Steven Schwarz, Erin Seder, Randal M. Shaheen | Venable LLP on 4/15/2013

In this issue: - Product Demonstrations and Disclosures – The Truth’s Not Always Pretty - Smartphones Spotlight Design Patents - Natural or Synthetic? USDA’s Draft Guidance Weighs In - Upcoming...more

Intellectual Property Client Alert: Trademark Clearinghouse Adds to Brand Protections

by Christopher Adams, George Borababy, Deborah Lodge | Patton Boggs LLP on 4/12/2013

Brand owners can now increase protection for their federally-registered trademarks and service marks by registering them with the ICANN Trademark Clearinghouse. The Clearinghouse was set up by the Internet Corporation for...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

by Joseph DiCioccio | Mintz Levin - Intellectual Property on 4/11/2013

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

The New gTLDs from ICANN Are Coming: Plan, Don't Panic

by Troy Larson, Amy Mushahwar, Mercedes Kelley Tunstall | Ballard Spahr LLP on 4/11/2013

By now, brand owners are probably aware of the new generic top-level domains (gTLDs) from the Internet Corporation for Assigned Names and Numbers (ICANN). They may have received literature from various sources about recording...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

by Ropes & Gray LLP on 4/10/2013

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more

Trade-mark Clearinghouse Launched

by Field Law on 4/10/2013

ICANN’s new gTLD process has taken another step forward. The period for filing formal objections against new generic top-level domains (gTLDs) has now been closed, and the Trademark Clearinghouse has been opened. The...more

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

by Eric Feder, James Rosenfeld | Davis Wright Tremaine LLP on 4/10/2013

A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more

So You Want to Create an App?: Important Legal Considerations for Nonprofits

by Krista Coons, Jeffrey S. Tenenbaum | Venable LLP on 4/9/2013

In this presentation: - Apps! A Mobile Revolution - But, What Exactly Is an App? - Apps vs. Websites: A Primer - Legal Considerations - Why Does IP Ownership Matter? - Creation of...more

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Science, Computers & Technology › Intellectual Property › Communications & Media Law