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Canadian Appellate Court Orders Google To Block Website Worldwide
A recent ruling by the Court of Appeal for British Columbia affirmed a lower court decision ordering Google Inc. to block certain websites from its search engine ' not just in British Columbia but worldwide.
The Latest on 'Disparaging' Names, Trademark Rights
The Washington Redskins football team has vowed to fight a federal district judge's recent order cancelling the team's federal trademark registrations as likely disparaging to Native Americans. The team's planned appeal to the U.S. Court of Appeals for the Fourth Circuit sets up a second showdown in federal appeals courts over the government's ability to cancel or deny trademark registrations based on content.
Bit Parts
Film Director Isn't Author of Movie<br>'Grupo Miramar' Trademark Infringement Claim Prevails, But Not Claims for Counterfeiting or Intentional Interference<br>
<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in <i>Garcia v. Google</i> that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting <i>en banc</i> has rejected the panel's decision.
Issues in Using Unlicensed Photos On Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Using Unlicensed Photos on Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Using Unlicensed Photos On Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Broadening the Scope of Privacy Under the Video Protection Statute
A recent case from the District of Massachusetts, <i>Yershov v. Gannett Satellite Information Network,</i> suggests a broadening of the view of subscriber privacy in the context of the delivery of video content over online platforms.
Case Notes
Analysis of a case in which a California Court of Appeal affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.
Programmer/Distributor Cable TV Bundle Deals In the Era of Digital Content Delivery Alternatives
As technological advancements force most of the entertainment industry to evolve or become extinct, the traditional cable TV bundle continues virtually intact. Yet, according to a 2014 Nielsen report, while the average U.S. television-watching home receives 189 channels, TV watchers consistently tune in to just 17. And a steady stream of customers has cut the cable cord altogether in favor of accessing content from alternative sources.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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