The Washington Redskins football team has vowed to fight a federal district judge's recent order cancelling the team's federal trademark registrations as likely disparaging to Native Americans. The team's planned appeal to the U.S. Court of Appeals for the Fourth Circuit sets up a second showdown in federal appeals courts over the government's ability to cancel or deny trademark registrations based on content.
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in Garcia v. Google that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting en banc has rejected the panel's decision.
Although seemingly dry, the few cases heretofore that have confronted questions surrounding misrepresenting takedown notices have contained facts that are arguably ripped from the tabloids, including a bitter dispute between bloggers over the proper method of childbirth, and a kerfuffle arising from the wider publication of the views of a pro-straight pride organization in the U.K.
Corporate legal departments are all about cost control and efficient processes, yet when hit with a new investigation or lawsuit, legal teams often reflexively fall back on the "collect everything" mentality. The emergence of targeted and remote collection technologies now makes it possible for corporations to collect in a legally defensible way that reduces cost and minimizes business disruption.
Discussion of a recent ruling from Massachusetts.
In preparing for trial, it is natural to focus on what you will say when you address the judge or jury, and when you question witnesses. While it is important to say the right things in the right way at the right time, it is equally or more important to listen attentively to the judge, jurors, lawyers, witnesses and others in the courtroom.
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Analysis of a case in which a California Court of Appeal affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.
Courts are increasingly ordering counsel to identify and produce information beyond traditional e-mail and loose files. Whether its employee and payroll data related to a wage and hour dispute or trade data related to a market manipulation investigation, understanding the EDRM as it relates to increasingly larger volumes of structured data has never been a more critical e-discovery capability.
The U.S. Supreme Court, in Kimble v. Marvel, stood by its decision in Brulotte, reaffirming that post-expiration patent royalty provisions are unlawful per se and therefore unenforceable.
