September 28, 2011

Copyright creators should applaud the First Circuit’s decision in Sony v. Tenenbaum. Although the holding is narrow, the balance of the opinion is a resounding victory for copyright enforcement.
District Judge Nancy Gertner in this case held unconstitutional a jury award of statutory damages even though the award was within the statutory range that Congress had …
Tags: actual damages, constitutional avoidance, constitutionality, copyright, copyright enforcement, copyright infringement, copyright litigation, Digital Theft Deterrence Act, file-sharing, jury verdict, music downloading, punitive damages, remittitur, Sony BMG v. Tenenbaum, statutory damages
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September 19, 2011

Andrew will speak to the Marketing Executive Network Group (“Meng”) Virtual Chapter at noon on October 12, 2011 on how brands can protect themselves on social media. The Meng Virtual Chapter has over 270 marketing executives in 35 states and in 10 countries around the world.
Andrew will discuss the new online challenges that brand owners face …
Tags: brand attacks, controlling viral attacks, copyright, copyright infringement, fan sites, internet issues, monitoring your brand, responding viral attacks, social media, terms of service, trademark infringement, trademark protection, viral nature internet
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September 7, 2011

Today begins the inaptly named Sunrise B Period, the span between September 7 and October 28, 2011 when registered trademark owners not wishing to have their brands associated with adult entertainment websites can apply to registrars to prevent others from registering a .xxx domain name that matches the applicant’s federally registered trademark. ICANN delegated the management of …
Tags: adult entertainment sites, domain name, registrant, registry, Sunrise B Period, trademark
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September 6, 2011

Protecting your brand from new forms of online infringements and attacks is becoming increasingly difficult. The Internet is now a wild west of content formation and brand owners can no longer control the message or as the Burger King commercial used to tout, “have it your way.”
So what should you do? Here are two video clips …
Tags: brand attacks, controlling viral attacks, copyright, copyright infringement, fan sites, internet issues, monitoring your brand, responding viral attacks, social media, terms of service, trademark infringement, trademark protection, viral nature internet
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