IP News
March 01, 2004
Highlights of the latest intellectual property news and cases from around the country.
The Keys to Keyword Advertising
March 01, 2004
Until recently, courts have had relatively little to say about the practice of keyword advertising — <i>ie</i>, triggering Internet advertisements to appear when users search for a keyword identical to a competitor's trademark. Practitioners could look only to a single decision denying Playboy Enterprises, Inc.'s ("PEI") motion for a preliminary injunction against Netscape Communications Corp. ("Netscape") and Excite, Inc. ("Excite"). Now, four courts have recently issued decisions reaching starkly different results on keyword advertising practices, including a Ninth Circuit decision reversing summary judgment that had been entered against PEI in its litigation with Netscape and Excite. While much remains to be resolved, certain factors have been particularly influential.
FTC Approves 'Merger to Monopoly' in Innovation Market
February 10, 2004
The intersection of intellectual property and antitrust has been the subject of much fanfare over the past decade. The antitrust agencies have held numerous workshops where enforcement officials and practitioners have debated the scope and limitations of antitrust when such principles intersect with IP rights. The most notable work product generated as a result of this focus has been the 1995 Guidelines setting forth antitrust policy for the Licensing of Intellectual Property issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC).
IP News
February 10, 2004
Recent rulings of importance to your practice.
Utmost Caution: The Standard of Conduct for SSO Participants
February 10, 2004
The legal odyssey of Rambus, Inc. ("Rambus") over the last 4 years is a cautionary tale for companies that participate in standards-setting organizations (SSO) while developing and maintaining patent portfolios. Although Rambus has successfully defeated claims brought by Infineon Technologies, A.G. ("Infineon") that Rambus engaged in fraud while participating in an SSO, and while Rambus appears poised to beat back claims brought by the U.S. Federal Trade Commission (FTC), the cost to the company has been substantial.
Dilution Differences
February 10, 2004
The Federal Trademark Dilution Act (FTDA) provides that the owner of a famous mark is entitled to injunctive relief against another's use of a mark or trade name that causes dilution of the distinctive quality of the famous mark. In <i>Moseley v. V Secret Catalogue, Inc.</i>, 537 U.S. 418 (2003), the U.S. Supreme Court considered whether the FTDA requires proof of actual harm or merely a likelihood of harm. The Supreme Court's decision raised the dilution bar by holding that a prerequisite to relief under the FTDA is proof of "actual" dilution, <i>ie</i>, objective proof of actual injury to the economic value of the mark, rather than a mere showing of a presumption of harm based on a subjective "likelihood of dilution" standard.
IP News
January 01, 2004
Highlights of the latest intellectual property news and cases from around the country.
File Sharing: A Problem for Congress or the Courts?
January 01, 2004
Online digital file sharing enjoys massive popularity. Its wide use, however, threatens to destroy the interests of copyright owners. Yet, its broad consumer support and touted technological potential have raised questions about who should bear the risks of such activity, and who — <i>ie,</i> Congress or the courts — should make such determinations.
