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Commentary:
Comparing Collective Licensing Proposals For Internet Licensing of Copyrighted ContentEntertainment Law & FinanceAdvances in digital distribution technologies and widespread use of the Internet have moved media distribution technology out of the control of rights holders and distributors, and directly into the hands of consumers or creative members of the general public. To address how U.S. copyright law should apply to new business models that take advantage of these technologies, some have proposed collective rights licensing at the Internet service provider (ISP) level.
Stop in the Name of — the IP Police?e-Commerce Law & StrategyWhen it comes to infringement of intellectual property, there are no "IP police" hiding in the obscure nooks and crannies of cyberspace to chase down those who misuse property online. Instead, the e-commerce firm itself often must become its own IP cop, when it discovers — as it inevitably will in the online free-for-all — that its marks, copyrighted content or knockoffs of its unique products appear on the Web site or in the e-catalog of a competitor.
Employer’s Review of Text Messages on Company Pager ReasonableEmployment Law StrategistIn a closely watched case and in a nearly unanimous decision, the U.S. Supreme Court has held that the City of Ontario, CA, Police Department did not violate the Fourth Amendment privacy rights of its employee when it audited text messages he had sent and received on a department-issued paging device.
The DMCA Safe Harbor Provision Is Stronger Than EverInternet Law & StrategyEven as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
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Headlines
A Long Voyage from the Runway to the BeltwayThe Innovative Design Protection and Piracy Protection Act ("IDPPA" or S. 3728) was introduced in the Senate on Aug. 5, 2010 by Sen. Charles Schumer. The bill proposes to extend copyright protection to unique fashion designs by amending Chapter 13 of U.S. Code Title 17 (the Vessel Hull Design Protection Act of 1998).
Hyundai Motor America v. National UnionDefendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer’s duty to defend a patent infringement suit.
Federal Circuit Overturns Summary Judgment Finding of Inequitable ConductThe Federal Circuit recently agreed to an en banc review of the admittedly scattered precedents concerning inequitable conduct. Therasense, Inc. v. Becton, Dickinson & Co. In vacating its earlier panel decision in Therasense, Inc. v. Becton, Dickinson & Co., the rehearing order sets out six issues surrounding the materiality-intent standard at the core of any inequitable-conduct analysis. In the meantime, the current materiality-intent standard continues to result in drastically different outcomes, even among members of the same panel.
IP NewsHighlights of the latest intellectual property news from around the country.
September issue in PDF format
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