• | The Intellectual Property Strategist

    Trademark 'Theft' With AdWords Keyword Bidding

    June 01, 2018 |

    Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims

    As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.

  • Supreme Court Eyes Relaxing Rule on Foreign Patent Damages

    May 01, 2018 |

    Despite Possibility of 'Chaos,' Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest

    The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.

  • IP News

    May 01, 2018 |

    Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
    Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation

  • Copyright Law in the Age of Twitter

    May 01, 2018 |

    A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications

    The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.

  • Walking the Fine Line of Fair Use: The Second Circuit's Decision in Fox News v. TVEyes

    April 01, 2018 |

    Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.