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Interesting TM decision out from the D.C. Circuit today, Aktieselskabet v. Fame Jeans Inc.
The D.C. Circuit joins the 1st and 7th Circuits who have now all held that a party may introduce new issues in a § 21(b) district court action that were not brought before the TTAB.
The Court also addresses pleading standards under […]

Interesting opinion out from the Second Circuit today, Ehrenfeld v. Mahfouz, No. 06-2228-cv (2d Cir. Mar. 3, 2008). The Court had certified to the New York Court of Appeals
whether New York’s long-arm statute confers personal jurisdiction over a person (1) who sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts […]

They’re at it again. On Feb. 27, 2008 the Ninth Circuit issued its opinion in Sybersound Records, Inc. v. UAV Corp., No. 06-55221 (9th Cir. 2008). The court considered:
whether the transfer of an interest in a divisible copyright interest from a copyright co-owner to Sybersound, unaccompanied by a like transfer from the other […]

Yesterday I received a generic replacement battery that I had ordered for my Sony VGN-FS840/W laptop. When placed in the laptop the battery indicator flashes rapidly. The laptop will not turn on with the battery inserted, even if the AC cord is also used. The battery shows no charge and does not […]

One good DRM paper deserves another. Former EFF Staff Attorney, Jason Schultz, has taken a position at UC Berkeley’s School of Law and has just posted a pre-publication paper he co-wrote with Berkeley Law Professor Pamela Samuelson entitled: Should Copyright Owners Have to Give Notice About Their Use of Technical Protection Measures? From […]

Last week my firm distributed an article I wrote on the Ninth Circuit’s recent decision in Douglas v. United States District Court for the Central District of California as a Client Alert entitled Don’t Try This on Your Site: Changing Contracts via Website Notice Alone.
Ultimately I think the Ninth Circuit was justified in granting this […]

On July 3rd the 9th Circuit filed its opinion in Perfect 10 v. Visa Int’l Serv. Assoc., (9th Cir. 2007). The majority (Reinhardt and Smith) takes itself to be following the recent P10 decisions from the 9th Circuit, Perfect 10, Inc. v. CCBill LLC, (9th Cir. 2007). and Perfect 10, Inc. v. Amazon, Inc., […]

The Supreme Court said no today in Powerex Corp. v. Reliant Energy Services, Inc., but civil procedure buffs should be sure to read Breyer’s dissent. I think he likely makes the better argument here, arguing that appeal of a remand order has to be available in a case like this or
the FSIA [Foreign Sovereign […]

The Perfect 10 v. CCBill decision from the 9th Circuit on March 29 was amended last Thursday to add a footnote regarding the meaning of “intellectual property” in Sec. 230 (the CDA). It responds to a point in Perfect 10’s petitions for rehearing and rehearing en banc (which were denied) that the 9th Circuit’s […]