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Litigation

  • GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.

    November 02, 2015Gerald M. Levine
  • New York Federal Court Dismisses Copyright Plaintiff's Suit Against Former Lawyers
    Nicollette Sheridan's Retaliation Claim in L.A. Superior Court Needn't First Be Filed with California Labor Commissioner

    November 02, 2015Stan Soocher
  • The successful plaintiff in a design patent infringement case is entitled to recover the greater of the defendant's profits or its own damages, regardless of how the jury desires to apportion the award. Thus, in Nordock, Inc. v. Systems Inc., the Federal Circuit ordered a new damages trial on the grounds that the amount of defendant's profits assessed by the jury was not supported by the evidence or in accordance with the law.

    November 02, 2015Matthew Siegal and Adam Sapper
  • When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.

    November 02, 2015Judith L. Grubner
  • Franchisees and Dealers Should Plead Causation In Actions Against the Government
    Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State

    November 02, 2015Cynthia M. Klaus and Bryan Huntington
  • A federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.

    October 02, 2015Ross Todd
  • Using Relativity to gather, review and produce documents in response to discovery requests has historically been its core use. However, one of the most effective ways in which Relativity can be creatively used by competent operators is as an Information Governance (IG) application.

    October 02, 2015Richard Lutkus and Tushar Vaidya
  • Twitter Inc. has been hit with a proposed class action alleging that the company's handling of direct messages between users violates the Electronic Communications Privacy Act (ECPA).

    October 02, 2015David Ruiz