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Intellectual Property Law

Business and Technology Law

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By Stephanie Robinson

Post Frequency: 2.3/day

Last Entry: March 18, 2011 at 17:22:39

Software Publisher Wins Injunction Against Cake Boss

Posted on August 10, 2010
An Austin-area software publisher recently obtained a significant court order against Discovery Communications, Inc. related to the popular Cake Boss television show on TLC. The plaintiff, Masters Software, Inc., which consists of husband-and-wife team Kelley and Jon Masters, publishes a...

Beware ?Document Soup? Software Licensing

Posted on August 10, 2010
On July 22, 2010, software publisher AccuSoft sued Northrop Grumman Systems in federal court for breach of contract, copyright infringement and trademark infringement related to Northrop?s use of AccuSoft?s ImageGear and ImageTransport software. Northrop allegedly used and integrated AccuSoft?s products...

Victory for Consumers: Library of Congress and 5th Circuit Clarify Exceptions to DMCA

Posted on August 10, 2010
The Library of Congress and the 5th Circuit Court of appeals both recently made significant strides in expanding and clarifying the exceptions to the anti-circumvention provisions of the Digital Millennium Copyright Act (?DMCA?). In its regular 3-year review of exemptions...

Legal Considerations in Software IP Issues - Damages

Posted on July 22, 2010
Software copyright plaintiffs typically seek both permanent injunctive relief as well as damages. Recovery of statutory damages under 17 U.S.C. § 504 often hinges on whether the copyrights claimed to have been infringed before or after discovery of the alleged...

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David v. Goliath: Songwriter Wins Coca Cola Case

Posted on July 20, 2010
In Vergara Hermosilla v. Coca-Cola Co., 2010 WL 2232657 (S.D. Fla. 2010), a U.S. federal court in Florida required Coca-Cola to post a conspicuous notice indicating Rafael Vergara Hermosilla?s (?Vergara?) contribution to a song Coca-Cola intended to use in its...

Legal Pitfalls in the Cloud: Windows Azure License Agreements

Posted on July 20, 2010
Microsoft?s cloud offering, Windows Azure, is a cloud services platform designed for software development, hosting and web service management. The platform includes a cloud-based operating system with pre-configured developer tools and other options available...

Facebook and Mark Zuckerberg Face Lawsuit Headache

Posted on July 20, 2010
On June 30, 2010, a New York web designer named Paul Ceglia filed a lawsuit against Facebook, Inc. and its founder, Mark Zuckerberg, that has the potential to become a significant distraction for the social networking giant. In the state-court...

The Sneaky Chef Loses Appeal

Posted on July 08, 2010
In Lapine v. Seinfeld, 2010 WL 1688713 (N.Y.C.A. 2010), plaintiff Missy Chase Lapine and The Sneaky Chef, Inc. (?Lapine?) appealed from a summary judgment awarded to defendants Jessica Seinfeld and others on plaintiffs' claims of copyright infringement, trademark infringement, and...

Dave & Buster?s Busted

Posted on July 08, 2010
The FTC recently approved a settlement with Dave & Buster?s, Inc., a restaurant and arcade chain, for the largest recorded data breach of private credit card information. The hackers responsible for stealing credit card data from Dave & Buster?s gained...

Microsoft v. Salesforce.com ? Taking the Fight to the Cloud

Posted on July 08, 2010
On June 24, 2010, Salesforce.com filed suit against Microsoft in a Delaware Federal court claiming Microsoft willfully infringed five Salesforce.com cloud computing-related patents. This is an apparent counter to a May 18th suit filed by Microsoft accusing Salesforce...

Supreme Court?s Opinion in Bilski Leaves Questions

Posted on July 08, 2010
On June 28, 2010, the U.S. Supreme Court issued its long-anticipated opinion in the case of Bilski v. Kappos, which, it was hoped, would at long last provide much-needed guidance for the U.S. Patent & Trademark Office and for practitioners...

Sports Equipment Retailer Loses Trademark Dispute

Posted on June 15, 2010
In New York City Triathlon, LLC v. NYC Triathlon Club, Inc., 2010 WL 808885 (S.D.N.Y. 2010), the court granted plaintiff?s request for an injunction against defendant barring defendant from using versions of ?NYC Triathlon? in its name. New York City...

Video Professor Learns Costly Lesson

Posted on June 15, 2010
Many companies that market their products or services through distribution channels give their distributors licenses to use company trademarks and logos in order to facilitate marketing efforts. However, it is important for those companies to remain vigilant against overbroad license...

Facebook Ruling - Social Media & e-Discovery

Posted on June 15, 2010
On May 26, 2010, in the case of Crispin v. Christian Audigier, Inc. (C.D. Cal. Case No. No. CV 09-09509), Judge Margaret Morrow of the U.S. District Court of Central California issued a ruling in a copyright suit concerning, in...

Take Action Against Domain Names that Infringe Your Trademarks

Posted on May 24, 2010
U.S. businesses facing the misappropriation of their trademarks in the form of Internet domain names registered by third parties have a quiver-full of powerful remedies to obtain relief from such practices. In addition to ?traditional? trademark actions in cases where...

Three Critical Legal Protections for New Businesses

Posted on May 24, 2010
If you have started a business and have not already formed an organizational entity or protected your business name, you should swiftly move to protect yourself and your business from unforeseen liability or loss of intellectual property. New business owners...

Second Circuit: No Unbundled Copyright Damages for Music Compilations

Posted on May 24, 2010
The Second Circuit Court of Appeals recently made what may have been the first U.S. federal appellate decision finding an album of music recordings to be a single work under the damages provision of the Copyright Act of 1976. In...

Timely Registration is Critical to Copyright Protection

Posted on May 24, 2010
Protecting copyrighted materials should be a core concern among people and businesses that develop original creative works, regardless of whether those works are published or unpublished. Timely registration with the U.S. Copyright Office is critical to protecting a copyright and...

When Your Brand is Attacked Online, The Author May Be the Only Liable Party

Posted on May 13, 2010
The United States District Court of New Jersey recently issued an opinion in a defamation action regarding an author?s post to a USENET group. The plaintiff, Charles Novins, an attorney in New Jersey, sent a letter to the defendant, Kevin...

ACTA May Bring DMCA-style Website Takedowns to the World

Posted on May 13, 2010
After years of negotiations, several leaks regarding the text of the treaty, and resulting public pressure to soften what have been perceived by many to be some of its more excessively pro-industry components, on April 20, 2010, the countries negotiating...

Qualcomm Judge Drops Sanctions Against Lawyers

Posted on April 20, 2010
On January 7, 2008, the United States Magistrate Judge Barbara Major issued a sanctions order against Qualcomm and certain in-house and outside counsel for discovery misconduct. Specifically, the Court ordered that Qualcomm pay $8.5 million in opposing counsel?s fees for...

Court Grants Preliminary Injunction in Trademark Infringement Case

Posted on April 20, 2010
In Lettuce Entertain You Enterprises, Inc. v. Leila Sophia AR, LLC d/b/a Lettuce Mix, No. 09 CV 2582, Slip Op. (N. D. Ill. 2010), Lettuce Entertain You Enterprises, Inc. (?LEYE?) obtained a preliminary injunction against Leila Sophia AR, LLC d/b/a...

Supreme Court Paves Way for More Class Action Lawsuits

Posted on April 02, 2010
In a decision released on March 31, 2010, the Supreme Court ruled that claims under New York law that could not have been brought as a class action in state court would not be barred if brought in federal court...

What is the BSA?s Definition of Software Piracy?

Posted on March 04, 2010
?Software piracy? is a favorite catch-phrase used by the Business Software Alliance (BSA) and the software companies it represents. Most people understand software piracy to involve the intentional copying and, in many cases, distribution of copyrighted software to third parties...

BSA Ramping Up Piracy Campaign

Posted on August 06, 2008
The Business Software Alliance (?BSA?), a trade association representing a number of software publishers, is launching a new campaign to attract would-be informants to its reward program. The BSA?s new Know it / Report it / Reward it campaign will...

In Copyright Litigation, Availability of Attorney?s Fees Awards Can Cut Both Ways

Posted on August 06, 2008
A recent opinion written by Judge Richard Posner for the 7th Circuit highlights the importance of carefully considering some of the risks of loss for plaintiffs in proceeding with a copyright infringement lawsuit. In Eagle Services Corp. v. H2O Industrial...

For Trademark Infringement Claims, Success May Hinge on Commercial Use

Posted on August 06, 2008
It is natural for the owner of a trademark want to seek some sort of redress when another person or entity uses that mark in the URL or the content of a web site, especially when that site competes with...

Trademark Law and the Naked Cowboy

Posted on August 06, 2008
The Naked Cowboy (a/k/a Robert Burck), a New York icon, is usually in the news for his well-known antics as a street performer. But the Naked Cowboy recently made some trademark law in a battle with Mars, Inc. and its...

Digital Reproduction May not Violate Copyright

Posted on August 06, 2008
The Eleventh Circuit has held that a digital reproduction of a copyrighted image may, under certain circumstances, be a privileged revision of the work that does not violate the creator?s copyright. In an en banc decision, the sharply divided court...

Personal Names as Trademarks

Posted on June 18, 2008
A recent federal court decision highlights the difficulties that may arise when a personal name becomes a trademark that identifies a business?s products. In particular, difficult issues can come up after the right to use the name is sold. In...

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