January 31, 2012

Now that the window has opened for submitting new top-level domain name applications, should you apply? Before tying to answer that question, a little background.
The Internet Corporation for Assigned Numbers and Names, or ICANN, that regulates the use of Internet domain names announced last June that it would open the field of generic top-level …
Tags: copyright, domain issues, gTLD, ICANN, internet issues, top-level domains, trademark
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January 26, 2012

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 …
Tags: Cooks Source, copyright, copyright infringement, copyright litigation, Counterfeit infringement over the Internet, Digital Theft Deterrence Act, domain names, fan sites, file-sharing, France and three strikes legislation, International Pirace Party, internet issues, Megaupload, music downloading, Nestle and Greenpeace, piracy, responding viral attacks, social media, trademark, trademark infringement
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January 11, 2012
Andrew will speak at a webinar on January 26, 2012 at 10:00 am sponsored by the International Executive Resources Group on protecting your IP in the US and abroad from new forms of online infringements and brand attacks.
Andrew will begin by discussing three reasons why global infringement is a growing and what governments and copyright holders …
Tags: copyright, copyright infringement, copyright litigation, fan sites, file-sharing, internet issues, responding viral attacks, social media, trademark, trademark infringement
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January 10, 2012

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 …
Tags: BMG, Capitol Records, copyright, copyright infringement, copyright litigation, due process, file-sharing, jury verdict, music downloading, registration, statutory damages, Tenenbaum, Thomas-Rasset, willful infringement
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January 4, 2012

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 …
Tags: Benedict, default judgment, Federal Circuit, likelihood of confusion, sanctions, Super Bakery, trademark, trademark cancellation proceeding, trademark registration, Trademark Trial and Appeal Board
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