Archive for April, 2011
  1. April 27, 2011

    American Conference Institute Advanced IP Forum and Workshop

    The Advanced IP Forum for Advertising Counsel will take place in NY from April 27-29. The program offers an impressive list of speakers from the content and media industries. Andrew will moderate a panel at this Forum on April 28. The program brochure is here

    The April 28 panel will focus on combating IP infringement on the …


  2. April 22, 2011

    A Conversation with Lisa Martens About How Brand Owners Can Combat Counterfeiting

    Counterfeits cost brand owners billions of dollars every year. How can brand owners combat this problem? What are the best strategies they can employ and will they work?

    I am delighted that Lisa Martens has given us some expert and helpful advice. Lisa is a Principal in the Southern California office of Fish & Richardson P.C. Her …


  3. April 22, 2011

    Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?

    Lime Wire continues to educate regarding statutory damages. The latest novel issue it decided is whether a judgment for statutory damages against an individual infringer for copyright infringement of a work in one action bars a statutory award in a second action against a secondarily liable defendant who induced that infringement. In other words where two (or …


  4. April 21, 2011

    Can We Keep Those Gray Market Goods Out of Here? The Unresolved Tension Between §§ 109 and 602 of the Copyright Act Following the 4-4 Split in Costco v. Omega

    The Clash Between §§ 109 and 602 of the Copyright Act Following the 4-4 Split in Costco v. Omega

    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 …


  5. April 20, 2011

    Arista Records v. Lime Wire Answers Some Novel Questions re Statutory Damages In Copyright Litigation

    The Arista Records v. Lime Wire litigation in the Southern District of N.Y., headed for a jury trial in early May, is a statutory damages tutorial. Judge Kimba Wood  has decided a number of issues of first impression dealing with the availability of statutory damages in copyright litigation involving secondary and joint and several liability. The statutory …