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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

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

Posted on June 18, 2008
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...

Will ACTA Mean the Establishment of the International IP Police?

Posted on June 18, 2008
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...

ValueClick agrees to Settle with FTC for $2.9 Million

Posted on June 18, 2008
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...

Promptly Register Your Copyrights or Lose

Posted on June 18, 2008
Companies and individuals with copyrighted materials should make certain to register their copyrights with the U.S. Copyright Office as soon as practical after the material has been published. If an application for registration is not made within three months of...

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New Jersey Court Determines Internet Users Have a Constitutional Right to Privacy

Posted on May 29, 2008
The Supreme Court of New Jersey recently became one of the first courts in the nation to determine that Internet users have a Constitutional right to privacy under Article I of the New Jersey Constitution. Because of the ruling, a...

Court Awards MySpace 230 Million Dollar Verdict

Posted on May 29, 2008
The judge in MySpace Inc. v. Wallace, et al, CV-07-1929-ABC-AGR (C.D. Cal. May 12, 2008) entered a default judgment against Sanford Wallace and Walter Rines for violations of the CAN-SPAM Act and ordered the defendants to pay MySpace over $230...

Controversial Copyright Legislation Moves Forward, but with Significant Changes

Posted on May 29, 2008
By an overwhelming majority of 410-11, the U.S. House recently passed the Prioritizing Resources and Organization for Intellectual Property Act of 2007 (PRO-IP Act). The legislation has been controversial among many legal experts and consumer groups for proposing significant and,...

Trying to Remove a Case to Federal Court Does not Waive Arbitration Rights

Posted on May 29, 2008
The Texas Supreme Court has indicated that a party?s conduct in removing a case from state to federal court and later attempting to transfer the case to a multidistrict litigation panel did not constitute a waiver of its right to...

Don?t Ignore Copyright Infringement Allegations

Posted on May 29, 2008
It?s never a good idea for a business or individual accused of copyright infringement to simply ignore the allegations, hoping they?ll go away. This is particularly true when the copyright holder files a lawsuit seeking damages, as the defendant in...

Trademark Infringement Verdict ? Over $300 Million in Damages

Posted on May 14, 2008
Companies concerned about trademark issues should take note of a recent federal court verdict in an infringement case. On May 7, 2008, a jury in Oregon awarded Adidas $305 million in damages for trademark infringement by Payless Shoes, which is...

Arbitrators Cannot be Disqualified Based on Voluntary Disclosures

Posted on May 14, 2008
In a case of first impression, the California Court of Appeal has rejected an attempt to disqualify an arbitrator after the arbitrator volunteered information that was not required to be disclosed under the rules and statutes governing arbitration. In Luce,...

New Potential Liability for Internet Service Providers

Posted on May 14, 2008
The U.S. District Court in New Hampshire recently issued a written opinion that undoubtedly will give some Internet service providers reason to re-think their policies with regard to some anonymous user accounts. In Doe v. Friendfinder Network, Inc., the plaintiff...

District Court Clarifies Exclusive Right to Distribution

Posted on May 14, 2008
An Arizona district judge recently reconsidered its decision to grant summary judgment in favor of a group of recording companies in Atlantic Recording Corporation et al. v. Howell. The record companies accused Mr. and Mrs. Howell of using music-sharing software...

The Use of Pricing Schedules in Managed Service Provider Agreements

Posted on May 14, 2008
Many managed service providers incorporate their pricing and payment terms into their Master Services Agreements or their Service Level Agreements. While it is important to ensure that the financial arrangements are clearly delineated in writing to ensure that everyone?s expectations...

Master Service Agreements

Posted on May 14, 2008
The master service agreement for MSP's defines the terms and conditions of the relationship between the MSP and its client related to all managed services and project based work. There are several critical provisions that are necessary to protect the...

Record Companies Ordered to Pay Attorney's Fees

Posted on April 30, 2008
The District Court of Oregon recently ordered a group of record companies to pay an accused file-sharer's attorneys? fees in the amount of $300,000 for defending her suit over a two-year period. Plaintiffs Atlantic Recording Corp., Priority Records LLC, Capitol...

Perfect 10 Gets Help from Industry Groups in Fight Against Visa

Posted on April 30, 2008
Perfect 10 ? the publisher of adult photographs that lost its appeal to hold Google liable for copyright infringement by linking to and displaying thumbnails of unauthorized copies of its copyrighted images ? has won the support of the MPAA,...

No Fiduciary Relationship Between Inventor and Party That Agrees to Develop and Patent the Invention

Posted on April 30, 2008
Inventors and researchers often enter into agreements with other parties to develop, patent, and commercially exploit their inventions. But does such an agreement create a fiduciary relationship or is it nothing more than a simple contractual relationship? The answer to...

Court Expands Owner?s Liability Under New York Labor Law 240

Posted on April 30, 2008
New York businesses should review a recent decision by the Court of Appeals expanding the scope of liability under New York Labor Law section 240(1). In Sanatass v. Consolidated Investing Company, Inc., 2008 WL 1817261 (N.Y. 2008), a divided court...

California adopts ?Sophisticated User? Doctrine for Products Liability

Posted on April 23, 2008
The California Supreme Court has given additional protections to manufacturers faced with products liability suits. Following the lead of other state and federal courts, California courts will now apply the ?sophisticated user? doctrine. Under this doctrine, a manufacturer cannot be...

Summary Judgment Difficult to Obtain for Claims of Trademark Design Infringement

Posted on April 23, 2008
A recent opinion from the Southern District of California highlights the difficulties that a trademark owner can face when seeking summary judgment on a claim that a defendant infringed its design trademarks. HIT Entertainment, Inc., et al., v. National Discount...

Data Brokers Settle with FTC

Posted on April 23, 2008
Data brokers Reed Elsevier and Seisint have agreed to conduct biennial audits of its data protection procedures for 20 years as part of a settlement with the FTC. Businesses that find themselves under the FTC's scrutiny and choose to settle...

Copyright Owners May Lose Standing to Sue for Infringement as a Result of Agreements with Industry Groups

Posted on April 23, 2008
A Western District of New York Magistrate Judge recently recommended that claims filed by the owners of several copyrighted songs (allegedly performed without their permission) should be dismissed as a result of the plaintiffs? membership in the American Society of...

What Constitutes a ?Copy? of Software Under Copyright Law?

Posted on April 03, 2008
Software auditors almost always try to find ways to maximize the number of allegedly infringing software ?copies? at issue in an audit engagement. It is typical for the Business Software Alliance (BSA), the Software & Information Industry Association (SIIA), and...

No Punitive Damages Under Federal Copyright Law

Posted on April 03, 2008
Viacom?s well-publicized court fight against YouTube and Google his given Judge Louis Stanton of the U.S. District Court for the Southern District of New York an opportunity ? or, perhaps more accurately ? a good reason to now repudiate one...

Business Software Alliance Member List Grows

Posted on April 03, 2008
The Business Software Alliance (?BSA?), a trade association representing a number of software manufacturers, routinely updates its published member list list of members on its website. Staying current on the BSA's list of active members is important because the list...

Agreement May Not Expand Judicial Review of Arbitration Award

Posted on April 03, 2008
Businesses that are parties to arbitration agreements should review a recent decision by the Supreme Court of the United States where the Court held that parties to an arbitration agreement may not contract for expanded grounds of judicial review. In...

Copyright Guide: Register Promptly or Lose Valuable Remedies

Posted on April 03, 2008
A federal court has issued a reminder to business owners trying to protect their intellectual property ? register your copyrights as soon as possible or lose access to the most effective remedies for fighting copyright infringement. A plaintiff suing for...

FTC Deadline for Commenting on Behavioral Advertising Guidelines Extended Until April 11

Posted on March 25, 2008
Businesses that use behavioral marketing and advertising techniques may consider reviewing and commenting on the Federal Trade Commission?s (?FTC?) proposed guidelines. The guidelines are designed to provide consumers with more visibility into the behavioral advertising process, which the FTC recognizes...

Student Loan Company Settles With FTC

Posted on March 25, 2008
The FTC announced on March 4 a settlement with Goal Financial, LLC, a San Diego-based student loan company that allegedly violated information privacy laws. If accepted, the settlement will require Goal Financial to implement a comprehensive information security program and...

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