I want to encourage all who are able to attend an day-long program in Chicago next Friday June 8 sponsored by the ABA Litigation Section, IP Litigation Committee entitled Hot Topics In Intellectual Property Litigation.
The program at Schiff Hardin’s offices will blanket IP focusing on issues relating to copyrights, trademarks, trade secrets and patent law. The luncheon speaker will be Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit.
May 30, 2012
April 16, 2012
Thankfully the Second Circuit in Viacom v. YouTube has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to the “most important” issue the appellate court stated it faced, that court dropped the ball.
The issue was whether the actual and red flag standards in § 512(c)(1)(A)(i) and (ii) of the DMCA each required actual knowledge of specific and identifiable infringements.
March 26, 2012
Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection
Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms of Online Attacks and Infringements. Information about the program is here.
February 27, 2012
The genesis of this post is a recent copyright infringement case we handled that dealt with a relatively unexplored corner of the Digital Millennium Copyright Act (“DMCA), defendant’s removal of copyright management information (CMI) and the statutory damages that arise from that DMCA violation.
Three DMCA Issues that Divide the Courts
In researching the DMCA claims, we noted that three issues have divided the courts:
(a) is CMI as defined in §1202 of the DMCA restricted to digitally encoded information contained in an automated copyright protection or rights management system or does CMI extend to any identifying information about a copyrighted work, digital or not;
(b) does the DMCA only protect CMI if it’s on the face of a copyrighted work or does protection include CMI that is elsewhere on the page where the work appears; and
(c) what constitutes a violation of the DMCA for purposes of computing statutory damages.
February 17, 2012
Andrew to Moderate Internet Hot Topics Discussion at the ABA Litigation Section Annual Conference in D.C.
Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C. The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and Developments.” The program will take place on Thursday April 19, 2012 between 3-4 pm.
Speakers with be Peter Jaszi, Professor of Law at American University Law School; David Perrot, Research Director at Decisionquest; Stanley Pierre-Louis, Vice President and Associate General Counsel for Intellectual Property and Content Protection at Viacom Inc.; and Mozelle Thompson, former Commissioner of the Federal Trade Commission and CEO of Thompson Strategic Consulting.
February 13, 2012
Thinking about outsourcing? Take a deep breadth and you may want sit down till the thought passes. Many outsourcing arrangements fail for a variety of reasons and even when they succeed the costs incurred may be more than the costs saved.
One of the biggest risks is protecting your intellectual property (“IP”) when it is outsourced. There are no silver bullets that will guarantee protection.
February 2, 2012
Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement
Andrew will speak at a MENG (Marketing Executives Networking Group) NY chapter meeting on Tuesday evening February 7, 2012, on protecting your intellectual property from new forms of online infringements and brand attacks. The transcript of the talk is here. This is an outline of some of what he will cover.
Andrew will discuss why global infringement is a increasing and what brand owners can do to combat it.
January 26, 2012
Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks
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 a quick overview of what I cover.
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 are doing here, in Europe and China to combat it.
January 10, 2012
Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version
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 after some of the cases I mentioned went through further appeals and retrials. I kept the same title (so you may see the earlier version come up on Google searches) but I substantially rewrote this version.