Featured Articles

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

August 06, 2008 16:31

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...A recent opinion written by Judge Richard...

Recent Articles

BSA Ramping Up Piracy Campaign

August 06, 2008 18:43

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...The Business Software Alliance (“BSA”), a trade as...

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

August 06, 2008 16:31

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...A recent opinion written by Judge Richard...

For Trademark Infringement Claims, Success May Hinge on Commercial Use

August 06, 2008 16:29

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...It is natural for the owner of a trademark want to seek some sort of redress when another...

Trademark Law and the Naked Cowboy

August 06, 2008 16:27

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...The Naked Cowboy (a/k/a Robert Burck), a New York icon, is usually in the news...

Digital Reproduction May not Violate Copyright

August 06, 2008 16:13

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...The Eleventh Circuit has held that a digital r...

Personal Names as Trademarks

June 18, 2008 22:41

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...A recent federal court decision highlights the d...

For Most U.S. Residents, Internet E-mail Likely is Safe from Civil Legal Discovery by Third Parties

June 18, 2008 22:39

A federal court recently issued an opinion indicating that, at least for U.S. residents, public, third-party-hosted and Internet-based e-mail may be the virtual world’s equivalent of a Swiss bank account for personal information. In In re Subpoena Duces Tecum to...A federal court recently issued an ...

Will ACTA Mean the Establishment of the International IP Police?

June 18, 2008 22:38

Trade negotiators from some of the world’s wealthiest industrialized nations are in the process of negotiating a pact that could lead to the establishment of a new kind of international IP rights enforcement. The U.S. is a leading proponent of...Trade negotiators from some of the world’s wealthiest ...

ValueClick agrees to Settle with FTC for $2.9 Million

June 18, 2008 22:19

In a record settlement, ValueClick recently agreed to pay the Federal Trade Commission (“FTC”) $2.9 million to settle claims that ValueClick violated federal law and used deceptive advertising. The FTC alleged that ValueClick failed to protect consumer information and misled...In a record set...