Newsletters

06.20.12

Albert Einstein, Marilyn Monroe, and the Right of Publicity

Rumored to have known each other intimately in life, Albert Einstein and Marilyn Monroe have now symbolically met in death in the courtroom. 


05.29.12

Jointly Waiting on a Divided Federal Circuit

What happens when two or more actors perform steps in a “method” patent claim? The Federal Circuit may soon clarify, and this clarification may change the law.


05.16.12

A Sea Change in the Safe Harbor

To the delight of content owners everywhere, the Second Circuit Court of Appeals has become the first court in the country to rule that Internet Service Providers (ISPs) can be liable for copyright infringement even if they comply with the “takedown” provisions of the Digital Millennium ...


06.02.10

Ninth Circuit Widens Split on Copyright Registration Issue

The 9th U.S. Circuit Court of Appeals finally has chosen sides in a slowly developing dispute over a technical but important issue - namely, whether a copyright application or completed registration is needed to file suit for copyright infringement.


05.21.10

Tiffany v. eBay: Court Shuts The Door On Trademark And Opens A Window For False Advertising

The Second Circuit recently issued its decision in Tiffany (NJ) Inc. v. eBay Inc., 08-3947 (2d Cir. April 1, 2010), affirming in part the Southern District of New York’s decision that eBay was not directly or secondarily liable for trademark infringement or dilution. 


02.23.10

Fourth Circuit Affirms CDA Immunity For Consumer Review Website

In December, citing the Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), the Fourth Circuit upheld dismissal of defamation and related claims against a consumer review website featuring consumer posts regarding an automobile dealership.