Intellectual Property Law

New gTLDs Revealed

Posted on June 14, 2012
Yesterday, ICANN finally released the list of the gTLDs that have been applied for. We knew there would be a lot, but the final number is 1,930! Now begins the 60-day comment and 7 month opposition processes. They will be processed in batches. If no objections are filed, the first set of domains could go [...

Blawg Review #322

Posted on May 21, 2012
CRACK… By striking my bone gavel, I call this special Blawg Review meeting of the Skull and Bones Society to order. Ever since the passing of Demosthenes in the year 322, and since the founding of our Society here at Yale in 1832, we honor eloquence...

Thoughts on Viacom v. Google

Posted on April 09, 2012
The Court of Appeals for the 2nd Circuit finally ruled on April 5, 2012 in the appeal of the Viacom v. Google (YouTube) case, Case Numbers 10-3270, 10-3342. The underlying court case from the Southern District of New York, decided June 23, 2010, was discussed during the talk I gave to IICLE...

Trademarks and Domain Names Webinar Recording

Posted on March 08, 2012
The recording of my webinar on “Trademarks and Domain Names” has been posted to my Firm’s blog here – http://blog.davismcgrath.com/2012/03/08/trademarks-and-domain-names-webinar/ I covered the following topics: - Trademark Overview - Domain Name Overview - Domain Name Formats - Domain Names as Trademarks - Domain Names Including Trademarks - UDRP - ACPA - Cybersquatting and Typosquatting - [...

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SOPA and other @Cyberlaw Links

Posted on November 18, 2011
The news this week has been dominated by discussions of the Stop Online Piracy Act, or SOPA, that had congressional hearings this week. I really liked the following discussions of SOPA: Why I Oppose the Stop Online Piracy Act (SOPA)/E-PARASITES Act Eric Goldman has a great summary of the bill and its problems...

TWiL 136 and @cyberlaw Links

Posted on November 07, 2011
I was pleased to be asked back on This Week in Law, Episode 136. Denise Howell, Jay Monahan of Zynga.com, and Matt Macari of The Verge were the other panelists. It was a lot of fun! Thanks again, Denise, for having me back.   Also, for those who may be interested, here is the link [...

News and @cyberlaw Links

Posted on October 17, 2011
For those of you who are interested, I’ll be presenting on “Common Trademark Application Problems” on November 2, 2011 as part of my firm’s IP Webinar series. For more information and links to the free registration, click here...

Copyright Basics webinar and @cyberlaw Links

Posted on September 27, 2011
For those of you who are interested, I’ll be presenting as part of my firm’s IP Webinar series on October 5, 2011 at 12 CDT on Copyright Basics.  It will be a lot of fun, and hopefully a good learning experience for all.  Since it’s a webinar, be prepared to ask your general copyright questions [...

This Week?s @cyberlaw Links

Posted on August 19, 2011
As a new feature on the blog, I will try to regularly look at articles I tweeted the links for on Twitter (@cyberlaw), and discuss them briefly. Here are some I found interesting this week: HP Touchpad?s Fate Jonathan Ezor?s review of the HP Touchpad I linked to last week became more timely after HP?s [...

Securing Your Wireless Network

Posted on August 13, 2011
As I?ve discussed previously on the blog, there are many cases currently pending involving the filesharing of copyright-protected videos involving BitTorrent. Many of the potential defendants in these cases first receive notice of the lawsuit when they receive a letter from their ISP that their identity will be disclosed to the Plaintiff by a certain [...

Court awards $214 Million for DMCA Circumvention

Posted on April 27, 2011
The recent decision by the United States District Court for the Southern District of California in the Echostar Satellite LLC v. Viewtech case, Civil Case No. 07cv1273 BEN (WVG), 2011 WL 1522409 (S.D.Cal.), is interesting mainly for the amount of statutory damages awarded...

Reactions to Lessig?s Keynote Speech at ABA Techshow 2011

Posted on April 15, 2011
I was pleased to be in the room (alright, the second row) when Professor Larry Lessig gave the keynote speech for ABA Techshow 2011. In the speech, entitled “Code is Law: Does Anyone Get This Yet?“, Lessig discusses some of the problems with copyright law’s application to regulate the digital world...

Blawg Review #295

Posted on January 24, 2011
Welcome to a special “Cyberlaw” edition of the weekly carnival of legal blogging, Blawg Review! I am honored to host, especially since today, January 24, 2011, is a special day. It’s the 27th anniversary of the first sales of the Apple Macintosh [I'm writing this on a Macbook Pro, the best laptop I've yet owned]...

?John Doe? Filesharing Lawsuits

Posted on January 04, 2011
As I wrote in a post on our firm blog back in December, I have been answering lots of questions from those receiving notices from their ISP relating to lawsuits over the filesharing of copyrighted material with the BitTorrent protocol. For those seeking more information, the EFF has a great page of subpoena defense resources [...

Recent Quotes and Updates

Posted on November 11, 2010
I was quoted in a November 3, 2010 Chicago Daily Law Bulletin article on International trademark scams. For the full text of the article, see the post at our Firm blog. From Twitter, here are some recent links of interest: - Saving to read later: The Great Cyberheist – http://is...

This Week in Law and Other Updates

Posted on October 19, 2010
I was a guest on the This Week in Law podcast #82 with hosts Denise Howell and Evan Brown, with the other guest being John Bergmayer of Public Knowledge. It was fun! The video and audio can be downloaded from http://twit.tv/twil82 Here are some other recent updates from Twitter: - For the first time ever, [...

Twitterview by @22twts

Posted on September 24, 2010
On Thursday, September 23, 2010 I was pleased to be interviewed by Lance Godard of @22twts. 22twts interviews practicing lawyers over Twitter. The transcript of the interview can be found here. Thanks again, Lance, for the opportunity. Related Posts:Towel Day Tweetup – May 25, 2010Recent @cyberlaw posts on TwitterLooking forward to Techshow 2008!Professor Lessig on [...

Post on Firm blog ? Six Considerations for Trademark Due Diligence

Posted on September 13, 2010
An article I wrote with Marsha K. Hoover of our firm has been posted to our firm blog, entitled “Six Considerations for Trademark Due Diligence.” I encourage normal readers of this blog who are also interested in trademark practice to check it out...

ACLU challenges Suspicionless Laptop Border Searches

Posted on September 07, 2010
Today, the ACLU and related parties filed a class-action lawsuit challenging the U.S. Government’s policy of allowing suspicionless searches and seizures of laptops and other electronic devices at the border. The allegations include violations of the First and Fourth amendments...

Net Neutrality ? Avoiding the ?Mushy Middle?

Posted on September 02, 2010
Thanks to Techmeme, I saw Craig Aaron’s great article on Huffington Post entitled “Net Neutrality’s New Enemy: The Mythical Mushy Middle.” I recommend you read it, as it does a great job explaining what happens when corporate interests get involved – netizens and those who haven’t taken a side are caught in what he terms [...

Is Copyright law not working for the RIAA?

Posted on August 24, 2010
In the talk I gave on Monday for IICLE on the Viacom v. Google case, one question I posed was how hypothetically to counsel clients in light of the decision and before the appeal is briefed. I posed two hypotheticals: one being a service provider like YouTube, and the other being a content provider...

Register for IICLE webcast ? 8/23/2010 ? Viacom v. Google

Posted on August 18, 2010
I’ll be discussing the recent Viacom v. Google decision on Monday, August 23, 2010 on a webcast for IICLE, the Illinois Institute for Continuing Legal Education. To register for the webcast, click here. The webcast will be from 12:00 to 1:00 CST, and is accredited for one hour of CLE in Illinois...

Guest on This Week in Law #72

Posted on August 12, 2010
I was pleased to be asked back on Denise Howell‘s excellent show, This Week In Law. The other guests were Alex Macgillivray and Jonathan Bailey. To download Episode 72 in either audio or video formats please follow the link here, or search for the show in iTunes...

Much Ado About Nothing ? Google & Verizon?s Network Neutrality Proposal

Posted on August 12, 2010
I’ve been closely following the Network Neutrality debate for years, and while I am pleased that Google and Verizon have brought the discussion to the forefront in recent days, there has been too much outrage in my humble opinion. Certain facts remain after careful analysis of the joint policy proposal...

FTC v. Trudeau ? Are Emails Within a Judge?s ?Presence??

Posted on May 29, 2010
The recent 7th Circuit opinion in FTC v. Trudeau, No. 10-1383, slip op. (7th Cir. May 20, 2010), raised an interesting cyberlaw issue as a minor point within the larger issue of criminal contempt of court: Just because the Judge receives an email, does that mean the email, as well as the conduct in [...

Towel Day Tweetup ? May 25, 2010

Posted on May 21, 2010
I’m not organizing it, per se, but I promised Ed (pictured below with his towel), to post information about the Tweetup/Blogger Meetup on Tuesday, May 25th, 2010. May 25th is Towel Day every year, in honor of Douglas Adams, so please bring your towels to: Aria Bar, at the Fairmont Chicago hotel 200 North Columbus Drive Chicago, IL 60601 View [...

Are Open Source Toyotas Neutrally Networked?

Posted on May 18, 2010
I was pleased to be asked back on the This Week In Law podcast for Episode #60, entitled “Open Source Toyotas.” Here’s a link to the audio – http://www.twit.tv/twil60. Video is available on Blip. Denise Howell is the host, and guests are myself, Marty Schwimmer, and Xeni Jardin...

Guest on This Week In Law Podcast #59

Posted on May 11, 2010
I was pleased to be asked to participate in the This Week In Law Podcast, Episode #59. The episode is entitled “Praying at the Bar.” The hosts were Denise Howell and Evan Brown, and my co-guest was Marty Schwimmer. It was quite a panel! For the audio and the show notes: http://twit...

Towel Day is May 25th, every year!

Posted on May 05, 2010
Legal bloggers, where are your towels? Last year on Towel Day, I hosted Blawg Review #213. This year, I’ll be participating in a blogger meetup for those attending the SuperConference here in Chicago. For details, see the post here, or follow me on Twitter – @cyberlaw...

Awarding of Attorneys Fees for Copyright Cases Not Automatic

Posted on April 12, 2010
In addition to their costs, the prevailing party in a copyright case may also seek recovery of their attorneys fees, provided that the requirements of the Act are otherwise met. See 17 U.S.C. Section 505, which provides as follows: § 505. Remedies for infringement: Costs and attorney’s fees In any civil action under this title, the [...

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