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The Fourth Circuit Court of Appeals is gearing up to hear argument in BMG Rights Management v. Cox Communications, one of the first attempts by the music industry to hold an Internet Service Provider (ISP) liable for unauthorized peer-to-peer file sharing by its subscribers. The Fourth Circuit will be asked to decide two crucial questions of copyright law: 1) what kind of repeat infringer policy must a service provider implement to qualify for the safe harbor under the Digital Millennium Copyright Act (DMCA); and 2) can an ISP be held contributorily liable for its subscribers’ actions, notwithstanding that its service — providing access to the Internet — is capable of substantial non-infringing uses.
By Scott D. Locke
The recent In Re Rembrandt Technologies decision is a reminder of both the potential consequence of a patent holder’s disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.
By Robert W. Clarida and Robert J. Bernstein
Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?
By Olivera Medenica
A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor’s non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.
By Scott Graham
The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu’s control over the 250 administrative patent judges and their policy-making, while making that control more transparent.