In 2019, the Council of the European Union’s Committee of Permanent Representatives approved a Directive on Copyright in the Digital Single Market to respond to developments in the modes and markets for creation, production...more
1/27/2020
/ Best Efforts Clauses ,
Copyright ,
Copyright Infringement ,
Data Collection ,
Data Privacy ,
Digital Single Market ,
DMCA ,
E-Commerce ,
EU ,
EU Directive ,
European Commission ,
Exemptions ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
IP License ,
Licensing Rules ,
Media ,
Member State ,
Online Platforms ,
Publishers ,
User-Generated Content
In This Issue -
Influencer Marketing: Top Business and Legal Considerations for 2020 -
Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a...more
1/23/2020
/ Booking.com ,
Congressional Investigations & Hearings ,
Copyright ,
Copyright Infringement ,
Domain Names ,
EU ,
EU Directive ,
FOIA ,
Generic Marks ,
gTLD ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Online Reviews ,
Patents ,
Popular ,
Privacy Laws ,
Small Claims Court ,
Social Networks ,
Trade Secrets ,
United States Patent and Trademark Office v Booking.com BV ,
USPTO ,
Websites
Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more
11/15/2017
/ Canada ,
Comity ,
Communications Decency Act ,
Declaratory Judgments ,
Free Speech ,
Freedom of Expression ,
Google ,
Internet ,
Preliminary Injunctions ,
Right to Be Forgotten ,
Right to Privacy ,
Search Engines ,
Search Results ,
Supreme Court of Canada ,
Websites
The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more
10/2/2017
/ Administrative Proceedings ,
Anti-Retaliation Provisions ,
Carpenter v US ,
Chevron Deference ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Energy Sector ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
First Amendment ,
Fourth Amendment ,
Free Exercise Clause ,
Free Speech ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Internal Reporting ,
LGBTQ ,
Location Data ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
NLRA ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Public Accommodation ,
Religious Discrimination ,
SAS Institute Inc. v Lee ,
SCOTUS ,
Search & Seizure ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Stored Communications Act ,
Technology Sector ,
USPTO ,
Whistleblowers
Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ -
In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more
8/19/2016
/ 35 U.S.C. § 284 ,
Common Law Claims ,
Copyright ,
Defend Trade Secrets Act (DTSA) ,
Dilution ,
DMCA ,
Domain Names ,
Enhanced Damages ,
Halo v Pulse ,
Intellectual Property Protection ,
Judicial Discretion ,
Lanham Act ,
Likelihood of Confusion ,
Marijuana Related Businesses ,
Misappropriation ,
Musical Sound Recordings ,
Paris Convention ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Preponderance of the Evidence ,
Safe Harbors ,
SCOTUS ,
Seagate ,
Standard of Proof ,
Standard of Review ,
The Copyright Act ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
Trans-Pacific Partnership ,
TRIPS Agreement ,
USPTO ,
UTSA ,
Video Recordings ,
Willful Infringement
Last week in Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court held that district courts have wide discretion to grant attorney’s fee awards but should give substantial weight to whether the losing party was objectively...more
Supreme Court to Weigh In on Damages for Design Patent Infringement -
Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s...more
5/19/2016
/ Administrative Proceedings ,
America Invents Act ,
Copyright ,
Criminal Liability ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Design Patent ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Fair Use ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Takedown Notices ,
Trademarks ,
Trans-Pacific Partnership ,
USPTO ,
Utility Patents
On March 25, the Supreme Court issued its opinion in Lexmark International v. Static Control Components, ruling that Static Control may proceed with its false advertising counterclaim under Section 43(a) of the Lanham Act...more
On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more
The Fourth Circuit has confirmed what many copyright holders have long hoped was true: That copyright interests can be validly transferred through electronic means, despite language in the 1976 Copyright Act requiring that...more
The universe of generic top-level domains (gTLDs), currently limited to about a dozen such as .com, .net, and .org, will expand this year, as some of the more than 1,000 potential new gTLDs are rolled out. Businesses may want...more
Prior to discussing or exchanging proprietary information with one another, companies frequently enter into non-disclosure agreements (NDAs) to afford protections beyond what they would otherwise be entitled to under their...more
The Federal Circuit rejected the use of the 25 percent “rule of thumb” as a basis for establishing a reasonable royalty in the Uniloc case in 2011. Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292 (Fed. Cir. 2011). Since...more
10/1/2013
January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more
January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more
9/26/2013
/ Advertising ,
Calculation of Damages ,
CLS Bank ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Copyright ,
Criminal Prosecution ,
Damages ,
gTLD ,
ICANN ,
Infringement ,
Internet ,
Non-Disclosure Agreement ,
Patent-Eligible Subject Matter ,
Patents ,
Payment Processors ,
PIPA ,
Piracy ,
Proposed Legislation ,
Royalties ,
SOPA ,
Trade Secrets ,
Trademark Clearinghouse ,
Trademarks ,
Ultramercial v Hulu
Fenwick & West copyright litigation partner Andrew P. Bridges discusses two cautionary tales in which copyright holders used the Copyright Act to sue for a massive windfall of statutory damages. According to Mr. Bridges,...more
Fenwick & West litigation partner Andrew Bridges emphasizes the importance for young companies to bring in legal counsel to identify litigation risks before they arise. According to Bridges, attorneys can then plan the...more
Fenwick & West Litigation partner Andrew Bridges discusses trending legal topics relevant to copyright holders and entrepreneurs and start-up companies. In recent years, copyright holders have turned to international trade...more
Fenwick & West Litigation partner Andrew Bridges provides a brief overview of the Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA). The Safe Harbor provisions are designed to protect service providers...more