Lane Powell PC - Intellectual Property Law Blog

Jaguar Land Rover Ltd Puts the Brakes on the Trivett Family Trust

In a World Intellectual Property Office (WIPO) domain name decision, WIPO has ordered the cancellation of 175 domain names that include the famous Range Rover, Land Rover and Jaguar trademarks. The domains were registered in the…more
| International Law & Trade

Answering the Question: ‘Can third parties challenge a copyright Work Made for Hire ownership assertion?’

A recent case out of the Second Circuit says “Yes. Third parties have standing to assert the defense that a copyright owner’s claim of ownership is erroneously based on Work Made for Hire (WMFH).”…more
| Civil Procedure, Intellectual Property

Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process

The Privacy Shield in a nutshell. The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield,…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Securities Law

In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information

What’s the Case About? In re Nickelodeon Consumer Privacy Litigation is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it owned…more
| Business Torts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Reputation Matters: Don’t Lose Opportunities Due to Inaccurate Personal Data

Consumers may be injured by inaccurate data that they cannot review or correct. There’s a hole in the bucket, dear Congress. The children’s song, “There’s a Hole in the Bucket,” exemplifies the conundrum many consumers…more
| Labor & Employment Law, Finance & Banking, Consumer Protection, Privacy, Science, Computers, & Technology

Safe or Good? We All Have Choices to Make

I planned to write about the inspired, better-than-sliced-bread security option of using fingerprint authentication to protect our mobile devices. That imploded. In 2014, and earlier this year, courts in Virginia and California,…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

An Addendum to the Scariest Hack So Far

Andy Johnson-Laird, President of Johnson-Laird, Inc., was kind enough to offer advice on three security techniques he recommends to detect and deny hackers, such as those we discussed in last week’s blog post…more
| Criminal Law, Privacy, Science, Computers, & Technology

The Scariest Hack So Far

Hackers have upped the ante. Data controllers wax fondly about the good old days when data was outright stolen. Back then, in 2013, there was a sense of fair play. Trolls did troll things. Assuming the victim implemented and…more
| Commercial Law & Contracts, Criminal Law, Privacy, Intellectual Property, Science, Computers, & Technology

Expectations of Privacy: Location Matters

Sometimes law enforcement needs a warrant to access cellphone data, sometimes a court order. Sometimes nothing is required. Roaming while you roam. Depending on where you use your cell phone, law enforcement may obtain…more
| Criminal Law, Privacy, Science, Computers, & Technology

Foundation for the Lost Boys and Girls of Sudan v. Alcon Entertainment (N.D. Georgia, March 23, 2016)

Rarely does one think of copyright issues surrounding how research is conducted for feature films that are based on real life events, but 54 Sudanese refugees are forging that new connection between research and copyright in one…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

Synopsys Win is a Win for Copyright

Static timing analysis (STA) is a simulation method of computing the expected timing of a digital circuit without requiring a simulation of the full circuit. This complicated area of measuring effective timing and power…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

A Warning to Phishers in the Yahoo! Pond

In a recent February 15 decision by the World Intellectual Property Organization (WIPO), approximately 40 domain names were ordered transferred from their registrants to Yahoo! (WIPO Case D2015-2323). The domains included…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Building a Valuable Patent Family Using the Technique of Functional Deconstruction

There are several advantages to pursing protection for a key innovation in the form of a “family” of patents and pending patent applications. These include the possibility of obtaining protection in the form of claims covering…more
| Civil Procedure, Intellectual Property

Selecting the Appropriate Patent Counsel and Why It Matters

In the interest of full disclosure, “yes,” this particular blog post is a marketing piece. But, it is also intended to be educational and inform prospective clients why it matters who they select to work with to identify…more
| Civil Procedure, Intellectual Property

Jawbone Successfully Leverages Patent Portfolio as Collateral in Fund Raising Efforts

Fitness device maker Jawbone was recently featured in a Re/code article announcing that the company had raised $165 million in new funding. The article mentioned another aspect of the Jawbone’s fundraising efforts; the company…more
| Business Organizations, Finance & Banking, Intellectual Property, Science, Computers, & Technology, Securities Law
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