Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.
On April 25, 2013, Judge James L. Robart of the Western District of Washington publicly issued his Findings of Fact and Conclusions of Law from the November 2012 bench trial in <i>Microsoft Corp. v. Motorola, Inc., et al.</i>
While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another.
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
Although the learned intermediary doctrine dictates that a drug manufacturer's duty to warn is owed to the doctor, rather than the patient, informing the doctor of the risks may not always be sufficient to guard against liability.
This article briefly examines the controversial topic of ex parte contacts, and describes how such contacts were successfully employed to obtain summary judgment in two separate cases pending within the Aredia'/Zometa' mass tort litigation.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
