California Tightens Privacy Protection
November 30, 2013
Recently, the California legislature passed three laws that significantly alter the privacy landscape and impose a new set of responsibilities that arguably apply to any company doing business in the state.
Expanding Defenses To Inducing Infringement
November 30, 2013
On Oct. 25, 2013, the Federal Circuit, by a vote of six-to-five, denied rehearing <i>en banc</i> in <i>Commil USA, LLC v. Cisco Sys., Inc.,</i> (<i>Commil II</i>). That decision left intact the panel's holding, in a case of first impression, that an alleged indirect infringer's "good-faith belief of invalidity may negate the requisite intent for induced infringement."
LinkedIn Post Likely Didn't Violate Non-Compete Clause
November 30, 2013
A LinkedIn profile update alerting a user's contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her non-compete agreement, a Massachusetts trial judge has ruled.
Checking in on the New gTLD Objection Processes
November 30, 2013
ICANN has been busy reviewing applications for new generic top-level domain name registries (new gTLDs), and the first four new gTLDs were delegated to the Root Zone on Oct. 23, 2013.
Avoiding False-Marking Claims with Global Brands
November 30, 2013
For about a week last month, my Internet browser thought I was in Canada. And, like a friend who returns with an accent after a week-long vacation in London, this was more a source of curiosity than frustration. I first realized the quirk upon a visit to Google. Instead of finding myself at the familiar .com, I was redirected to a .ca site. With 's and 's littered across the page, the intellectual property nerd in me was buzzing. How was I to interpret these symbols?
Bit Parts
November 30, 2013
Copyright Infringement Claim Is Time-Barred If Ownership Claim Is, Too<br>Malpractice Suit Against Music Lawyer Ruled Untimely<br>
Are You Blawging, or Flawging?
November 30, 2013
Lots of attorneys are being told that they need to start blogging (or "blawging", as many attorneys refer to it). From a marketing perspective, this advice makes a lot of sense. There's an old advertising adage, credited to David Ogilvy from the pre-"Mad Man" days of advertising, that when it comes to big-ticket purchases, "long copy sells."
Evidentiary Requirements To Recover Lost Future Royalties
November 30, 2013
When franchisors enter into long-term franchise agreements, they expect to receive a steady stream of royalties for the duration of the agreement. However, if the relationship sours and the agreement is terminated prior to expiration, the franchisor faces the prospect of losing the anticipated stream of royalties for the remaining term of the agreement. More and more often, franchisors are turning to the courts to attempt to recover those lost future royalties.
DJ Dropped from Dispute Over Use of Beastie Boys Music
November 30, 2013
After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation.
