Microsoft is moving against alleged counterfeiters who use online auction sites like PriceGrabber.com and eBay to sell software that is packaged to look like the real thing, but is far from it.
December 21, 2007John Pacenti
A look at interesting litigation.
December 21, 2007ALM Staff | Law Journal Newsletters |The Miami girl group Expos' ruled the charts in the 1980s, turning out a multiplatinum album and numerous hits, including the No. 1 single, 'Seasons Change.' But some things never change. Turmoil with management roiled the group during its hey-day, and rancor has returned now that the trio is on a popular reunion tour, riding high on 1980s dance nostalgia. The singers have been sued to stop using the name Expos' after breaking with promoters in August, just months before the music group's trademark licensing agreement was set to expire.
December 21, 2007John PacentiCopyright/Joint-Authorship Test
DMCA Safe-Harbor Bid/Declaratory Suit
File-Sharing Suit/Anti-Trust CounterclaimsDecember 21, 2007Stan SoocherForeign auto manufacturers often have American subsidiaries that import their products and market them with a warranty from the importer. If such a product injures an American due to a design defect, do you need to sue the manufacturer as well as the importer/seller/warrantor?
November 30, 2007Lawrence GoldhirschAt its Sept. 18, 2007 meeting, the Judicial Conference of the United States approved a proposed new Federal Rule of Evidence regarding waiver of attorney-client privilege and work-product protection. Because Rule 502 is a rule dealing with privilege and because the Rule would govern state courts regarding certain issues, the Rule must be enacted directly by Congress. Accordingly, at press time, the Judicial Conference will now submit the Rule to Congress, which will vote 'yay or nay' by no later than December 2007. If Congress approves the new Rule 502, the Judicial Conference will transmit the Rule to the U.S. Supreme Court by Dec. 18, 2007, keeping it on the path to be enacted on Dec. 1, 2008.
November 30, 2007Beth L. Kaufman and David BlackCourts and lawyers should pay particular attention to survey findings such as there is 'no likelihood of confusion,' 'there is no likelihood of dilution,' and ensure that the power of the test is high to rely on such conclusions. Anytime a commissioned survey indicates 'no effect,' in addition to issues such as question clarity, randomness of the sample, and other methodological issues, there is the additional critical issue of statistical power.
November 29, 2007Alex SimonsonLawyers whose clients refuse to pay their fees routinely file lawsuits and win judgments against them. Attorney Ellen Marshall's disputes with a former divorce client, however, have been anything but routine. Then again, Warren Matthei is no ordinary client. Matthei, a millionaire stockbroker from Summit, NJ, spent nearly a decade in jail ' first for refusing to pay child support to his ex-wife, and later for refusing to pay Marshall's attorney fees.
November 27, 2007Shannon P. DuffyThe American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. Herein is a critique of the new guidelines from an attorney's point of view.
November 27, 2007Lynne Z. Gold-Bikin