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Features
Whatever one thinks of the ruling in <i>Fleischer I</i>, the decision serves as an important reminder of something for which it has received little attention: its careful consideration of the distinctions between copyright and trademark protection.
Features
On April 25, 2013, Judge James L. Robart of the Western District of Washington publicly issued his Findings of Fact and Conclusions of Law from the November 2012 bench trial in <i>Microsoft Corp. v. Motorola, Inc., et al.</i>
Columns & Departments
Highlights of the latest franchising cases from around the country.
Columns & Departments
Online Infringement/Class Action Issues<br>Trademark Infringement/Fictional Products<br>True-Life Depictions/In TV Programs
Features
While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another.
Columns & Departments
Jury Instructions for Implied Contract Cases<br>No Safe Harbor for Uploads of Pre-1972 Sound Recordings
Columns & Departments
Highlights of the latest intellectual property news from around the country.
Features
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
Features
Although the learned intermediary doctrine dictates that a drug manufacturer's duty to warn is owed to the doctor, rather than the patient, informing the doctor of the risks may not always be sufficient to guard against liability.
Features
This article briefly examines the controversial topic of ex parte contacts, and describes how such contacts were successfully employed to obtain summary judgment in two separate cases pending within the Aredia'/Zometa' mass tort litigation.