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Articles from Related Newsletters
SOPA and PIPA Put on HoldInternet Law & StrategyFueled by Twitter and Facebook postings, the public became more aware of SOPA and its sibling Senate legislation, PIPA (Protect IP Act) and took to e-mail and old-fashioned telephones to let their Congresspersons know how they felt. Whether those who sent messages read the Bills or knew what they really said, the word was out: these Bills would kill the Internet as we know it.
Geotracking and e-DiscoveryLJN's Legal Tech NewsletterThis article explores the ways in which geotracking data can be created, potential issues associated with this information, and how it might all relate to e-discovery, including how long the information is stored, whether it is discoverable and how or whether it can be used in a case.
Overreaching English-Only Policies Spell Trouble for EmployersEmployment Law StrategistEnglish-only policies have long been criticized and targeted by the Equal Employment Opportunity Commission. Here's a look at some recent litigation.
Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. § 271(c)The Intellectual Property StrategistIf sued as a contributory infringer under 35 U.S.C. § 271(c), a software company can prevail if it establishes that the accused software has a substantial non-infringing use. In many cases addressing this issue, however, software companies have usually failed to establish this defense. This article summarizes the particular circumstances that gave rise to these failures, and proposes a particular scenario under which a defendant may succeed in showing that its software is suitable for substantial non-infringing use.
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Headlines
Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People SongsTo complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions — and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.
Misrepresentation Claim over Song in DVD Is DismissedThe U.S. District Court for the Eastern District of Missouri dismissed an unusual "misrepresentation-by-implication" claim brought under the Lanham Act. In the case, the plaintiffs’ composition "I Am the Greatest" had been included in the defendants’ DVD AND1® Mixtape® X.
Recourse Strategies In the New Age of .XXX Domain NamesAs the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It’s a showdown at the .XXX corral.
Counsel Concerns
Singer Toni Basil’s Malpractice Suit Was Filed Too LateSinger Toni Basil’s legal malpractice suit against the attorney and firm who, she argued, did not adequately protect her rights to her 1980s pop standard "Mickey," must be dismissed as time barred, a New York appellate court ruled.
Supreme Court Rules on Copyright Restoration for Foreign WorksThe U.S. Supreme Court has ruled that the Constitution did not bar Congress from extending copyright protection to previously free foreign works, such as Prokofiev’s "Peter and the Wolf."
Bit PartsDefault Against iTunes in Artist’s Download Suit Is Set Aside
Michigan Gets Governmental Immunity in Tax Credit Case
Translation Lyrics Suit Can Be Heard in New York Federal Court, Despite Appeal of Florida Litigation over Same Song
February 2012 Issue in PDF Format
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