Below is the transcript of my January 26, 2012, webinar presentation sponsored by the International Executive Resources Group focusing on protecting intellectual property here and abroad from new forms of online infringement and brand attacks. But first a word of warning. My talk runs for about 45 minutes and therefore this is a long post. Here is …
Mastering Rubik’s Cube may be easier. Predicting the amount of statutory damages that will be awarded in copyright infringement litigation continues to confound attorneys on both sides of the fence. Why? Here are some reasons.
But first a few words of explanation. I originally wrote this post in April of 2010. I decided to update it …
Appellate courts prefer to decide cases on the merits. But they will affirm the sanction of a default judgment dismissing a case where the plaintiff has repeatedly flouted court orders. The latest example is the Federal Circuit‘s December 28, 2011, decision in Benedict v. Super Bakery affirming Benedict’s default and cancelling his registered trademark as …
The safe harbor created by Section 512(c) of the Digital Millennium Copyright Act (DMCA) may now be an Internet service provider’s Bali Hai.
That’s because on December 20, 2011, the Ninth Circuit held in UMG v. Veoh that a webhost will only lose its safe harbor immunity under this section if it has specific knowledge of infringing …
The BNA Patent, Trademark & Copyright Journal recently published my article dealing with the aftermath of the deadlock in Costco v. Omega. The article analyzes the policy issues in conflict and provides some guidance about how those in the copyright supply chain-manufacturers, importers, distributors and retailers- can protect themselves from claims under Section 602 of the …
