Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more
8/12/2015
/ ACPA ,
Amazon ,
Consumer Confusion ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Cybersquatting ,
Digital Downloads ,
Digital Platform Liability ,
Direct Infringement ,
DMCA ,
Domain Names ,
eBay ,
GoDaddy.com ,
Google ,
Keyword Advertising ,
Personal Brands ,
Search Engines ,
Takedown Notices ,
Trademark Infringement ,
Trademarks ,
Vicarious Liability ,
Websites
The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging...more
7/3/2014
/ Blackhorse v Pro-Football ,
Disparagement ,
Football ,
Good Faith ,
Laches ,
Lanham Act ,
Native American Issues ,
NFL ,
Petrella v. MGM ,
Redskins ,
Registration ,
Trademark Act ,
Trademark Trial and Appeal Board ,
Trademarks
Despite a deluge of seminars, conferences, newsletters, blogs and email reminders over the past year or so, many companies and public figures are just waking up to the reality of the massive expansion of the Internet domain...more
Closing in on nearly three decades of trademark practice, I am struck by just how far technology has advanced the practice since that bemusing day years ago when a potential client expressed surprise that I was able to file...more
As expected, there has been great initial interest in generating the new generic top-level domains, or gTLDs, that are poised to add variety to the conventional .com, .org, and .net domains that have dominated the Internet...more
The Ninth Circuit ruled recently that the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) shielded a video-sharing website from copyright infringement liability. In UMG Recordings, Inc. v. Veoh Networks,...more
Continuing the momentum for nationwide legal reform in response to recent high-profile international trade secret thefts, a panel of leading foreign policy and business experts issued a report last month calling for...more
Patent holders, inventors, and even the courts have recently struggled with the limits of what can be patented. The patentability of software, widely accepted for decades, has lately been questioned. The scope of...more
Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more
6/21/2013
/ America Invents Act ,
Assignments ,
Co-Ownership ,
Copyright ,
DMCA ,
gTLD ,
Motion Picture Industry ,
Music Industry ,
Non-Practicing Entities ,
Patent Assertion Entities ,
Patent Reform ,
Patent Trolls ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Safe Harbors ,
Software ,
Third-Party ,
Trade Secrets ,
Trademark Clearinghouse
The universe of generic top-level domains (gTLDs), currently limited to about a dozen gTLDs such as .com, .net, and .org, will likely explode later this year, as some of the more than 1000 potential new gTLDs are rolled out,...more