Infringement

News & Analysis as of

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

Dr. Seuss Sues in Sue-ville This Holiday Season

You know Green Eggs and Ham, and the Cat in The Hat, Horton, the Lorax, and others like that. But a new book is coming, although now a bit slow, It’s called “Oh, The Places You’ll Boldly Go!”...more

10 Key Intellectual Property Issues for M&A Deals

Intellectual property (IP) issues are increasingly important factors in merger and acquisition (M&A) transactions. Of the various industry sector transactions included in recent American Bar Association (ABA) Business Law...more

Undersecretary Nelotsky is Alive and Well!

In the landmark misappropriation case International News Service v. Associated Press, 248 U.S. 215 (1918), the Supreme Court identified a quasi-property right created by the investment of effort and money in an intangible...more

IP Part 3: Enforcing Your Intellectual Property

"We are certainly flattered by your affection for the brand" - Christy Susman made news for her surprisingly kind words to Patrick Wensink, author of Broken Piano for President, in a cease-and-desist letter after...more

Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

The answer in Germany is “yes.” To understand why, you have to understand the principle of “co-liability” or Störerhaftung. Under the principle of co-liability, operators of an open WiFi network can be held liable for the...more

Don’t Let Your Color Trade Dress Protection Fade Away

The US Court of Appeals for the 10th Circuit, in affirming a district court ruling, reaffirmed the availability of trade dress protection for colors, but reiterated that a plaintiff must show that its color trade dress is...more

Copyright: Europe Explores Its Boundaries - What’s the Cost of Free Wi-Fi?

Free Wi-Fi may come with more strings attached than anyone previously thought – at least in Europe. A recent copyright ruling of the highest European Union court may prove to be a double-edged sword for entities that offer...more

EU: Injunctions against intermediaries available also in the offline world

The Court of Justice of the European Union (CJEU) recently confirmed that the ability of rightholders to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual...more

The Impact of 3D Printing on Intellectual Property Rights

The term 3D printing encompasses a number of different additive manufacturing methods that enable the production of physical objects without the need for any specific tooling. 3D printing has, for many years, been forecast as...more

Trade Dress Infringement: Ivanka Trump Sued for Stepping on Aquazzura’s Toes

On June 21, 2016, Aquazzura Italia SRL (“Aquazzura”), an Italian shoe company, filed a complaint against Ivanka Trump, IT Collection LLC, Marc Fisher Holdings LLC, and M.B. Fisher LLC (collectively, the “Defendants”) for...more

EU Customs Developments - July 2016

EU Customs Policy - Union Customs Code Developments - On 19 July 2016, the European Commission published a proposal to amend Article 136 of the Union Customs Code (UCC). This Article UCC exempts goods that have...more

Edible Arrangements’ Trademark Case Bears Fruit

In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more

The European Commission Fines Truck Manufacturers a Record €2.93 billion for Cartel Conduct

On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition...more

Avoiding the Road to Ruin in Your Road To Rio Marketing Blitz

Late last month, the United States Olympic Committee (the “USOC”) sent a few not so nice warning letters to brands that sponsor athletes, but chose not to pay the “golden” price of becoming an “official” sponsor of the games....more

EU Customs Developments - June 2016

EU Customs Policy - Union Customs Code Developments - The minutes of the 13 May 2016 meeting between the European Commission and Member State experts, summarising the discussion on various amendments and...more

Court Decision Dismisses Challenge to Gun Lake Band’s Trust Land

Last Friday, July 15, the D.C. Circuit Court of Appeals affirmed the constitutionality of the Gun Lake Trust Land Reaffirmation Act. Because the Court agreed with the D.C. District Court's finding of constitutionality, it...more

Bankruptcy Pitfalls: How an infringer's bankruptcy could impact your IP rights

As a patent owner, you have the exclusive right to prevent others from making, using, selling, offering for sale, or importing your claimed invention into the United States. You also have the ability to recover damages from a...more

The Supreme Court - June 2016 #7

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

Keep Quiet and Carry On under the EU Trade Secrets Directive

Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member...more

Eat Your Art Out: Intellectual Property Protection for Food

Let’s face it, we live in a food-crazed world. Our current preoccupation with food has less to do with eating it; we also are fascinated with looking at it. Posting photos of food on Instagram is now a universal pastime. ...more

Jack Ma Confuses Counterfeit with Off-Brand

Jack Ma, the founder of the Chinese internet giant Alibaba, recently said that the counterfeit problem so many brands are dealing with today is primarily a result of the fact that the fakes are actually better than the...more

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

Eight is Not Enough: Second Circuit Adopts Eleven Factor Nominative Fair Use Test in Certification Mark Case

International Information Systems Security Certification Consortium (known as ISC2) is a non-profit organization that owns a registered certification mark for the term CISSP® (meaning “Certified Information Systems...more

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