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.
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>
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.
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.
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.
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.
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
