Intellectual Property Law

Ninth Circuit: "Exclusive" license from only one copyright co-owner really a nonexclusive licenseFilewrapper®

Posted on March 05, 2008
In a decision last week, the Ninth Circuit affirmed a district court's dismissal of a copyright infringement claim for lack of standing, as well as several related claims.  The plaintiff obtained an "exclusive" license for one of the exclusive rights from a single co-owner of several copyrighted works...

When DJ and infringement suits both filed, transfer factors determine appropriate forumFilewrapper®

Posted on March 05, 2008
In a decision Friday, the Federal Circuit decided a case addressing the requirements for a declaratory judgment action post-MedImmune.  The court reversed and remanded a district court's decision that there was no declaratory judgment jurisdiction applying the pre-MedImmune reasonable apprehension of suit standard rejected by the Supreme Court...

Things to do in Denver when you?re DUMBThe Legal Satyricon

Posted on March 05, 2008
Andrew Feinstein is a frustrated Denver Nuggets fan. Sick of what he perceived as mismanagement of the basketball team by Nuggets coach George Karl, Feinstein launched www.firegeorgekarl.com. George Karl seemed to take it all in stride. When asked about the blog by the Rocky Mountain News, he said: ?The longer you?re with a team, the more people like you and the more people dislike you,? Karl said...

Sports and the Law: Supreme Court Might Hear Dispute Over Fantasy Sports Property RightsAbovethelaw.com

Posted on March 04, 2008
On Friday, February 22, Major League Baseball Advanced Media, L.P. (?MLBAM?) and the Major League Baseball Players Association (?MLBPA?) filed a petition for a writ of certiorari to the U.S. Supreme Court (No. 07-1099), seeking to overturn the Eighth Circuit Court of Appeals? ruling that the first amendment protects free use of baseball players? names and statistics in fantasy sports games...

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An Interesting Fair Use ProjectThe Patry Copyright Blog

Posted on March 04, 2008
Professor Peter Friedman of Case Western Reserve University, in the very hot political state of Ohio, has started a unique blog that is well worth visiting. As part of his legal analysis and writing class, his students are compiling briefs on either side of a lawsuit alleging copyright infringement in connection with real actors, but supplemented by fictional materials to squarely frame the fair use issue...

Downloading versus Streaming of MusicWhat is Fair Use?

Posted on March 04, 2008
It's not directly on point for our problem regarding the K Cera Cera case, but in United States v. Am. Soc?y of Composers, Authors and Publishers, 485 F. Supp. 2d 438, 440-47 (S.D.N.Y. 2007)(Conner, J.)(pdf), the court held that an internet service that supplies downloads of a "digital music file embodying a particular song does not [engage in a] 'public performance' of that song within the meaning the United States Copyright Act, 17 U...

To what extent does the First Amendment allow the public and the media to access the transcript of a plea colloquy, a plea agreement's "cooperation addendum," and the documents supporting a motion to seal the plea proceedingsHow Appealing

Posted on March 04, 2008
To what extent does the First Amendment allow the public and the media to access the transcript of a plea colloquy, a plea agreement's "cooperation addendum," and the documents supporting a motion to seal the plea proceedings: The U.S. Court of Appeals for the Ninth Circuit today issued this ruling on the federal government's appeal from a federal district court's ruling unsealing these documents...

Public Knowledge Praises State Senate Telecom Bill; Slams House Bill as 'Wrong Way'Public Knowledge - Blogging, Events, and Action Alerts

Posted on March 04, 2008
Annapolis, MD - Two committees in the Maryland legislature today held hearings on bills that would point the high-tech future of the state in opposite directions. Public Knowledge, the Washington, D.C.-based public interest group, testified in favor of one, and against another...

Is the DMCA Still Relevant?Info/Law

Posted on March 04, 2008
That?s the question I?ve been asking myself (and, occasionally, others) for most of the last year. (As some of you know, I?ve spent quite a bit of that time working on a new paper about the DMCA, and I?m not jaded enough yet not to feel a twinge of regret at the prospect that the point I?ve written about may be on its way to becoming moot)...

Forwarding Offensive Articles Along With Additional Offensive Comments Falls Outside Protection of CDA Section 230Technology Law Update

Posted on March 03, 2008
John Doe Anti-Terrorism Officer v. City of New York, No. 06-cv-13738 (S.D.N.Y. Feb. 6, 2008), involves the sending of offensive articles by e-mail, to which the sender allegedly added his own offensive comments. The case involves hostile work environment claims...

Facebook Banishment and Due ProcessConcurring Opinions

Posted on March 03, 2008
Recently, I was talking with David Lat, author of the blog Above the Law, and he was complaining about being banished from Facebook. David was an active user of Facebook, and he suddenly and inexplicably found himself banned from the site. Facebook didn't supply him with any reason...

Wikileaks UpdateThe Legal Satyricon

Posted on March 03, 2008
I?ve gotten ahold of the Wikileaks order. (Via EFF) It is better than I could have imagined. Judge White begins by stating the importance of the First Amendment issues in play: The First Amendment encompasses the ?right to receive information and ideas...

dhowell: Recording TWiL with Bret Fausett on Th. a.m.; what are your burning questions about domain law and ICANN?Twitter / dhowell

Posted on March 03, 2008
dhowell: Recording TWiL with Bret Fausett on Th. a.m.; what are your burning questions about domain law and ICANN?

A lawyer who plagiarizes violates disciplinary rules [?]IPBiz

Posted on March 03, 2008
IPBiz just ran across an interesting post by patent attorney Brett J. Trout at Blawgit:According to U.S. Bankruptcy Judge Paul J. Kilburg, West Des Moines Peter Cannon ?violated the Iowa Rules of Professional Conduct by plagiarizing material for briefs and by unreasonably billing his client for preparation of those briefs...

Conference Announcement: IP Scholars at StanfordLegal Theory Blog

Posted on March 03, 2008
Save the Date: Eighth Annual Intellectual Property Scholars ConferenceThe Program in Law, Science & Technology at Stanford Law School will host the Eighth Annual Intellectual Property Scholars Conference on August 7-8, 2008.  Please save the date!The IP Scholars Conference brings together intellectual property scholars to present their works-in-progress in order to benefit from the critique of colleagues...

Marie Lindor replies to RIAA and MediaSentry in support of her motion to compel MediaSentry to respond to subpoenaRecording Industry vs The People

Posted on March 03, 2008
In UMG v. Lindor, defendant has filed reply papers in further support of her motion to compel MediaSentry to respond to the subpoena duces tecum with which it was served, responding to the opposition papers filed by the RIAA and by MediaSentry.March 3, 2008, Letter of Ray Beckerman responding to MediaSentry*Exhibit A - Tom Mizzone declaration*Exhibit B - Text documents (Part 1)*Exhibit B - Text documents (Part 2)*Exhibit C - List of backup materials requested*Exhibit D - Confidentiality stipulation and emails*Exhibit E - Tom Mullaney emails indicating no further documents would be produced even with confidentiality stipulation*Exhibit F - Reply brief of Oregon Attorney General in Arista v...

This is a job for?LIKELIHOOD OF CONFUSION®

Posted on March 02, 2008
From the Philadelphia Inquirer:\\n\\nA convenience store chain\\\'s billboard advertising its fried chicken sandwich is ruffling the feathers of some residents.\\n\\nSheetz unveiled the \\\"Crispy Frickin\\\' Chicken\\\" billboards at the beginning of February...

Swede This Film!madisonian.net

Posted on March 02, 2008
Three things seem related today: First:  I saw Be Kind, Rewind this weekend.  The movie has an amiable charm.  It?s a goofball of a film, wildly implausible at every level and built out of devices that scrape the pavement of the plot like broken mufflers...

Phrase "Crispy Frickin' Chicken" Deemed Fowl?SIVACRACY.NET

Posted on March 01, 2008
From the Philadelphia Inquirer: A convenience store chain's billboard advertising its fried chicken sandwich is ruffling the feathers of some residents. Sheetz unveiled the "Crispy Frickin' Chicken" billboards at the beginning of February. The campaign consists of 100 billboards placed locations that carry the sandwich, spokeswoman Monica Jones said Thursday...

Global minilinksThe Electronic Frontier Foundation | Deeplinks Blogs

Posted on March 01, 2008
From the Philadelphia Inquirer:\n\nA convenience store chain\'s billboard advertising its fried chicken sandwich is ruffling the feathers of some residents.\n\nSheetz unveiled the \"Crispy Frickin\' Chicken\" billboards at the beginning of February.\n\nThe campaign consists of 100 billboards placed locations that carry the sandwich, spokeswoman Monica Jones said Thursday...

WikiLeaks Win as Judge Rescinds U.S. Shutdown OrderDigg / Technology

Posted on March 01, 2008
From the Philadelphia Inquirer:\\\\n\\\\nA convenience store chain\\\\\\\'s billboard advertising its fried chicken sandwich is ruffling the feathers of some residents.\\\\n\\\\nSheetz unveiled the \\\\\\\"Crispy Frickin\\\\\\\' Chicken\\\\\\\" billboards at the beginning of February...

Bush Calls Surveillance Bill an ?Urgent Priority?NYT > Technology

Posted on February 29, 2008
\n \n\nIt looks like one of the pseudonymous posters in the AutoAdmit case has decided to fight the plaintiffs? discovery efforts. \nThe motion to quash makes some good points. Mr. AK47 is correct ? his statement was outrageous, nasty, and mean? but it does not seem to speak to any of the claims in the case...

Attorney Sanctions in Patent Trials, a Trend?WSJ.com: Law Blog - WSJ.com

Posted on February 29, 2008
Perhaps it?s a coincidence of timing, but not a coincidence of fact. In the span of two weeks, two different teams of outside litigators representing Medtronic in two different patent trials, heard in two different jurisdictions, were both fined attorneys fees...

IP Think Tank Global Week in Review - 29 February 2008Duncan Bucknell's site updates

Posted on February 29, 2008
Perhaps it?s a coincidence of timing, but not a coincidence of fact. In the span of two weeks, two different teams of outside litigators representing Medtronic in two different patent trials, heard in two different jurisdictions, were both fined attorneys fees...

This Is The Week In IP That Was This WeekThe Trademark Blog

Posted on February 29, 2008
The Independent: "Hands off our kilts: Scots bid to copyright their national dress." Bonus IPKat link to a picture of a cat wearing a kilt here.) Counterfet Chic: "The Audacity of Hope." AOL: Company Logo Quiz 43(B)log: Thomas The Tank Engine of Free Expression Seattle Trademark Lawyer: Trademark Dilution Weekend (Part 2) Likelihood of Confusion: Luxury Goods Rental TTABlog: TTAB Issues Non-Ultimate Sanction For Failure To Comply With Board Order ...

Who Owns Your Website (Now available in Chinese)Blawg IT-Internet Patent, Trademark and Copyright Issues with Attorney Brett Trout

Posted on February 29, 2008
My last Who Owns Your Website post was very well received. The jist of that post was that unless your website was created by your employee in the course of employment OR you obtained a written assignment of all rights in the website, you probably do not own your website...

Peer To Peer Legal AssistanceMedia Law Prof Blog

Posted on February 29, 2008
My last Who Owns Your Website post was very well received. The jist of that post was that unless your website was created by your employee in the course of employment OR you obtained a written assignment of all rights in the website, you probably do not own your website...

How much does a patent cost?The Invent Blog®

Posted on February 29, 2008
According to Alan Kasper, the First Vice President of the American Intellectual Property Law Association (AIPLA), more than I expected. In recent testimony before Congress, Mr. Kasper noted that: ?the preparation and filing of an original application of minimal complexity (10 page specification, 10 claims) on average by a firm having my firm?s size is $8,548...

The Death of DivisibilityThe Patry Copyright Blog

Posted on February 29, 2008
Karaoke cases continue to flood the courts of appeals, much like plonk (in the sense of bad wine, not in the sense of female police officers or of adding posters to one?s kill file in UseNet-speak; see here). The most recent addition to the back shelves of copyright case law is Sybersound Records, Inc...

US stem cell patent successIPKat - IP news and fun for everyone

Posted on February 29, 2008
Karaoke cases continue to flood the courts of appeals, much like plonk (in the sense of bad wine, not in the sense of female police officers or of adding posters to one?s kill file in UseNet-speak; see here). The most recent addition to the back shelves of copyright case law is Sybersound Records, Inc...

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