Features
Recent Rulings on 'Embedding' Foreshadow Circuit Split: What Does That Mean For Content Use Now?
When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.
Features
UPDATE: The Supreme Court 'Arthrex's' Decision In Action
Although several direct appeals for PTAB review or rehearing were made by parties who had received adverse outcomes at PTAB hearings after the Arthrex decision, on November 3, the first rehearing was granted by the PTO acting director.
Features
Influence of Lost Profits Damages In Patent Cases
In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law.
Columns & Departments
IP News
District Court: Exceptionality Found and Attorney Fees Awarded When Patent Owner Pursued Litigation With a Fraudulently Obtained Patent
Features
Trademarks Making Advertising Claims Create Sticky Situations
The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors' trademarks.
Features
Creative vs. Corporate: Patent Infringement Awards Respawn the Debate over Patenting Video Games
Patents can provide the broadest and strongest form of protection in the video game field. They can protect the methods and processes performed by the game software, and they can protect the hardware components of the game system, both in function and aesthetic design.
Features
Defamation Investigations: A Big Leap in Fighting Back
Internet tools are becoming more sophisticated in measuring the impact of online disparaging and defamatory statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.
Columns & Departments
IP News
Federal Circuit: Case Belongs In the Northern District of California, Not Western District of Texas Federal Circuit: Arbitration Clause Did Not Prevent Institution of IPR Petitions
Features
Sender Beware: Jurisdictional Risks of Pre-Litigation Communications
The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.
Features
Impact of Disney's Motion to Compel Arbitration In Scarlett Johansson's Lawsuit Over 'Day-and-Date' Release of 'Black Widow'
Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive "wide theatrical release." Updated Oct. 1 to reflect a confidential settlement reached in the case.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The FTC Gets Into the College Athlete NIL GameAs national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The Roadmap of Litigation AnalyticsLitigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.Read More ›
