Intellectual Property Law

NYSBA: Staying Legal Online:: Tech Law Advisor :: Reloaded ::

Posted on February 26, 2008
The New York State Bar Association presents a two-hour Webinar on: Staying Legal Online: Advising Clients About Web Site Content Wednesday, March 12, 2008 12:00 p.m. ? 2:00 p.m. (Eastern Time) (more?)

An Idea by any other nameThe Patry Copyright Blog

Posted on February 26, 2008
Copyright, like many areas of law has its pat phrases; one of the most common is that there is no protection for ideas, but only for the expression of ideas. As Judge Easterbrook observed, this is not an analytical tool, but merely a way to state a conclusion...

CaféPress Denied 230 Motion to Dismiss--Curran v. AmazonTechnology & Marketing Law Blog

Posted on February 26, 2008
by John L. Welch and Ann Lamport HammitteLowrie, Lando & Anastasi, LLPForeign trademark owners who seek registration in the United States may be troubled by several recent developments in American trademark law. The Trademark Trial and Appeal Board?s current fraud jurisprudence holds an applicant or registrant strictly responsible for false statements made to the United States Patent and Trademark Office (USPTO) regarding use of its mark on the goods and services involved, with very little room for error or innocence...

Obscenity ScholarshipThe Legal Satyricon

Posted on February 26, 2008
Clay Calvert and Robert Richards call for an end to the obscenity laws.

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Unmasked: The Patent Troll Tracker Steps ForwardPeter Zura's 271 Patent Blog

Posted on February 25, 2008
Less than 6 months after having a bounty placed on his identity (recently upped to $15k) by Ray Niro, the Patent Troll Tracker has stepped forward and revealed himself - he is none other than Rick Frenkel, Director of Intellectual Property at Cisco Systems, Inc...

Knockoff News 78Counterfeit Chic

Posted on February 25, 2008
When is a party a prevailing party in a copyright infringement action for purposes of awarding attorney\'s fees? Attorneys? fees in copyright cases may be (but need not be) awarded to the prevailing party, a concept that has some grey areas. The Seventh Circuit, in an opinion by Chief Judge Easterbrook, just cleared one such area up: where plaintiff moves to dismiss a case without prejudice but the district judge dismisses with prejudice...

Courts Split over Legal Fees in Copyright Infringement LawsuitsWired: Threat Level

Posted on February 25, 2008
Defendants who prevail in copyright infringement suits are automatically entitled to defense costs, a federal appeals court is ruling. The decision (.pdf) by the 7th U.S. Circuit Court of Appeals noted the Copyright Act allows "reasonable" attorney fees to any "prevailing party," in a copyright action, a ruling contradicting a 5th U...

Network Solutions, ICANN Sued Over Domain Front RunningTechCrunch

Posted on February 25, 2008
Network Solutions and ICANN are being sued over ?front running? domain registration practices. ?Network Solutions has forced millions of people to buy Internet domain names from them instead of cheaper competitors through a scheme that?s netted the firm millions of dollars,? according to the federal class action lawsuit filed by Kabateck Brown Kellner...

Blawg Review at BlawgITBlawg IT-Internet Patent, Trademark and Copyright Issues with Attorney Brett Trout

Posted on February 25, 2008
My Blawg Review #148 is now up over at the new BlawgIT.com website. If you don't check it out, you will have no one but yourself to blame the next time you get into a legal dispute with your badger.Brett Trout

Patently-O Bits and Bytes No. 17Patent Law Blog (Patently-O)

Posted on February 25, 2008
Increasing Complexity: The House Judiciary Subcommittee on IP is holding its PTO oversight hearing on Feb 27 at 1:30 pm. These graphs, originally from Patently-O, will be used by POPA when demanding enhanced examiner pay. Judicial Conference: The CAFC's Judicial Conference is scheduled for May 15, 2008 in DC at the Grand Hyatt...

FCC Hearing: Comcast Uses Hacker TechniquesTorrentFreak

Posted on February 25, 2008
Today is an important day for network neutrality, as the FCC?s Broadband Network management hearing has been discussing Comcast?s attempt to slow down BitTorrent traffic. One of the panelists said Comcast uses ?hacker techniques? to manage their network...

EU Decision on IP Addresses Could Hurt Search EnginesTop Tech News

Posted on February 25, 2008
Today is an important day for network neutrality, as the FCC?s Broadband Network management hearing has been discussing Comcast?s attempt to slow down BitTorrent traffic. One of the panelists said Comcast uses ?hacker techniques? to manage their network...

minilinks for 2008-02-25The Electronic Frontier Foundation | Blog Posts

Posted on February 25, 2008
Today is an important day for network neutrality, as the FCC?s Broadband Network management hearing has been discussing Comcast?s attempt to slow down BitTorrent traffic. One of the panelists said Comcast uses ?hacker techniques? to manage their network...

Google asks Are IP addresses personal?Blawgr / Published News

Posted on February 25, 2008
Today is an important day for network neutrality, as the FCC?s Broadband Network management hearing has been discussing Comcast?s attempt to slow down BitTorrent traffic. One of the panelists said Comcast uses ?hacker techniques? to manage their network...

I Have a ... Xerox43(B)log

Posted on February 25, 2008
Drew Hansen writes on plagiarism and orators in the Houston Chronicle, proposing that political oratory operates under different standards from academic writing. Oratorical reuses that are transformative, are done with consent, or are obvious quotations from near-universally known sources such as the Bible, he argues, are not plagiarism...

Tinsley Mortimer Was "File Sharing," If You Know What We Mean [Socialites]Gawker

Posted on February 25, 2008
Drew Hansen writes on plagiarism and orators in the Houston Chronicle, proposing that political oratory operates under different standards from academic writing. Oratorical reuses that are transformative, are done with consent, or are obvious quotations from near-universally known sources such as the Bible, he argues, are not plagiarism...

On why I am not runningLessig Blog

Posted on February 25, 2008
With lots of mixed feelings, I have decided a run for Congress would not help the Change Congress movement. I explain the thinking in this 5 minute video (a new record for me!). First question: What happens to the contributions to Lessig08? As explained on the ActBlue page, all will go to (the yet to be established) Change Congress organization...

How Judges, Bureaucrats and Lawyers Put Innovators at RiskI/P Updates

Posted on February 25, 2008
In "Patent Failure; How Judges, Bureaucrats, and Lawyers Put Innovators at Risk," (Princeton University Press, March 2008), James Bessen and Michael J. Meurer consider many reforms, most of which have also been advanced by other people. Of course, the devil is in the details...

F.C.C. to Act on Delaying of Broadband TrafficNYT > Technology

Posted on February 25, 2008
In \"Patent Failure; How Judges, Bureaucrats, and Lawyers Put Innovators at Risk,\" (Princeton University Press, March 2008), James Bessen and Michael J. Meurer consider many reforms, most of which have also been advanced by other people. Of course, the devil is in the details...

Government and corporate employees engage in an "epidemic" of snooping into databasesBoing Boing

Posted on February 25, 2008
The Associated Press reports on an "epidemic" of snooping into corporate and government databases by unscrupulous employees and contractors. The governments and corporations of the world keep on blithely amassing these gigantic, toxic, immortal databases of our personal lives, and then treating them as though they required no more security than any other file on their hard drive...

Ed Stross - Michigan Mural Case UpdateThe Legal Satyricon

Posted on February 25, 2008
I posted on the Ed Stross mural case last night, but hadn?t yet located the decision. Now that I have reviewed it, here is my full analysis. In 2005, artist Ed Stross painted a mural on the outside of his studio that has been described as ?a take on Michelangelo?s ?Creation of Man...

Free speech, sophomoric pranks, or criminal offense?ZDNet Blogs

Posted on February 25, 2008

Network Solutions Sued Over Domain NamesWSJ.com: Law

Posted on February 25, 2008

Unfriendly Shores? Recent Developments in U.S. Law May Trouble Foreign Trademark OwnersThe TTABlog

Posted on February 25, 2008
by John L. Welch and Ann Lamport HammitteLowrie, Lando & Anastasi, LLPForeign trademark owners who seek registration in the United States may be troubled by several recent developments in American trademark law. The Trademark Trial and Appeal Board?s current fraud jurisprudence holds an applicant or registrant strictly responsible for false statements made to the United States Patent and Trademark Office (USPTO) regarding use of its mark on the goods and services involved, with very little room for error or innocence...

Podcast 49: Follow up on illegal downloading with Dr Peter Grovescharon-podcasts « WordPress.com Tag Feed

Posted on February 24, 2008
A follow up to the podcast with Ed Vaizey MP, Shadow Minister for Culture on the problem of illegal downloading and the duration of copyright protection with Dr Peter Groves, Solicitor and consultant with Bircham Dyson Bell LLP. *** Listen to Podcast 49: Dr Peter Groves, Solicitor on the control of illegal downloading 

CopyrightHistory.org: Copyright Before 1900The Electronic Frontier Foundation | Blog Posts

Posted on February 24, 2008
Tech Law Advisor noting that Blawgr is back. This time reskinned as ?the online community of legal bloggers (powered by Pligg).? Unless I?m mistaken, Pligg is an open source knock-off of Digg (http://digg.com/), making Blawgr essentially Digg for Lawyers...

When is a Party a Prevailing Party?The Patry Copyright Blog

Posted on February 24, 2008
When is a party a prevailing party in a copyright infringement action for purposes of awarding attorney's fees? Attorneys? fees in copyright cases may be (but need not be) awarded to the prevailing party, a concept that has some grey areas. The Seventh Circuit, in an opinion by Chief Judge Easterbrook, just cleared one such area up: where plaintiff moves to dismiss a case without prejudice but the district judge dismisses with prejudice...

Top Ten Cyberlaw TrendsChicago IP Litigation Blog

Posted on February 23, 2008
Sight, Sound and Meaning: Teaching Intellectual Property with Audiovisual Materials, 52 St. Louis U. L.J. -- (2007). This short article addresses my experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database...

Follow the MoneyPatent Prospector

Posted on February 23, 2008
If you wonder why, for the Patent Reform Act, Senator Leahy is so hot to trot, it's that he got paid and bought. Of the $2.4 million packed into Leahy's political piggy bank in the past five years, $3/4 million came from "lawyers and lobbyists;" not surprising, given that Leahy is Senate Judiciary Committee chairman...

Blawgr is back. Think Blawg meet Digg.The Invent Blog®

Posted on February 23, 2008
Tech Law Advisor noting that Blawgr is back. This time reskinned as ?the online community of legal bloggers (powered by Pligg).? Unless I?m mistaken, Pligg is an open source knock-off of Digg (http://digg.com/), making Blawgr essentially Digg for Lawyers...

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