Archive for the 'Law' Category

Twentieth Century Fox Film Corp. v. iCraveTV, 53 U.S.P.Q.2d 1831 (W.D. Pa. 2000).

Thursday, March 26th, 2009

I still hate it when I cannot easily find an opinion online: Twentieth Century Fox Film Corp. v. iCraveTV, 53 U.S.P.Q.2d 1831 (W.D. Pa. 2000).

The end of the laches defense in trademark cases?

Thursday, March 26th, 2009

The Ninth Circuit released its opinion in Internet Specialties v. Milon-DiGiorgio on March 17, 2009.
Plaintiff ISP used the mark ISWEST and Defendant ISP used the mark ISPWEST. Plaintiff knew of Defendant’s existence since at least 1998, but did not send a cease and desist letter or bring a lawsuit until six years [...]

New whitehouse.gov video requires proprietary Adobe Flash player

Wednesday, March 4th, 2009

Privacy activists rightly complained about whitehouse.gov’s use of YouTube videos for President Obama’s weekly addresses, as it allowed a private third-party company to use cookies to track visitors to a government web site. The whitehouse.gov site appears to have responded to these complaints but in so doing has adopted a flash format that is [...]

Perfomance Rights Bill

Monday, March 2nd, 2009

It’s puzzling how we do something totally different in the mid-90s with respect to webcasters, satellite radio providers and cable companies and then now we need to “harmonize” and achieve “platform parity” with the broadcast radio world not by moving to the broadcast radio standard that’s been in place for 80 years but instead by [...]

Goddard v. Google, Inc. (N.D. Cal. Dec. 17, 2008).

Monday, February 9th, 2009

A nice review of some of the developments in CDA Section 230 case law: Goddard v. Google, Inc., C 08-2738 JF (PVT), 2008 WL 5245490, 2008 U.S. Dist. LEXIS 101890 (N.D. Cal. Dec. 17, 2008).

Google, Inc. v. American Blind & Wallpaper Factory, Inc., (N.D. Cal. Apr. 18, 2007).

Thursday, November 6th, 2008

I hate it when I can’t easily find an opinion online: Google, Inc. v. American Blind & Wallpaper Factory, Inc., (N.D. Cal. Apr. 18, 2007).

The CONTU Final Report

Tuesday, September 16th, 2008

The Final Report of the National Commission on New Technological Uses of Copyrighted Works (The CONTU Report) was conveniently scanned to pdf by Digital Law Online. However, they provide it as seventeen different pdf downloads, without providing a single pdf containing the entire report with all appendices. I’ve combined them all in one [...]

U.N. agency eyes curbs on Internet anonymity

Sunday, September 14th, 2008

Interesting CNET article,
A United Nations agency is quietly drafting technical standards, proposed by the Chinese government, to define methods of tracing the original source of Internet communications and potentially curbing the ability of users to remain anonymous.
The U.S. National Security Agency is also participating in the “IP Traceback” drafting group, named Q6/17, which is meeting [...]

Capitol Records v. Multiply, Inc. 07-11357 (SDNY)

Monday, June 23rd, 2008

07-11357-013-AmendedComplaint
07-11357-029-MemoISOMotToDismiss
07-11357-034-MemoOppMotToDismiss
07-11357-039-ReplyMemoISOMotToDismiss

The Trademark Trial and Appeal Board Gets No Respect

Tuesday, April 29th, 2008

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 ยง 21(b) district court action that were not brought before the TTAB.
The Court also addresses pleading standards under [...]