Features
Four Keys to Litigation Technology Innovation in the Next Five Years
Electronic discovery is a complex business that requires continuous professional learning from litigation team members and ongoing innovation from technology solution providers. To help stimulate discussion and drive innovation, The Legal Innovation 2020 Working Group was formed at the beginning of 2015 in order to help legal-industry leaders identify the keys to success over the next five years.
Features
Second Circuit 'Affirms Fair Use
On Oct. 16, in <i>Authors Guild v. Google,</i> the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.
Features
Safe Harbor for Service Providers under the Anticybersquatting Act
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.
Columns & Departments
Bit Parts
New York Federal Court Dismisses Copyright Plaintiff's Suit Against Former Lawyers<br>Nicollette Sheridan's Retaliation Claim in L.A. Superior Court Needn't First Be Filed with California Labor Commissioner
Features
Damages In Design Patent Infringement Cases
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 <i>Nordock, Inc. v. Systems Inc.,</i> 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.
Features
Designs on Cheerleader Uniforms Can Be Copyrighted
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.
Columns & Departments
Court Watch
Franchisees and Dealers Should Plead Causation In Actions Against the Government <br>Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State
Features
<b><i>Online Extra:</b></i> Judge Tosses $7.3M Award, Grants New Trial in Lady Gaga Case
The producer credited with launching the career of Lady Gaga has been granted a new trial after he was ordered to pay $7.3 million to a talent scout who introduced him to the singer.
Features
'Happy Birthday' Case Built on Prof.'s Article
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.
Columns & Departments
Business Crimes Hotline
Analysis of a ruling out of Georgia.
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