IP News
Highlights of the latest intellectual property news from around the country.
Website Accessibility Rules Are Still on Target
A recent federal court ruling, <i>National Association of the Deaf v. Netflix, Inc.</i>, held that California's state disability rights laws applied to a website, despite the absence of a bricks-and-mortar store nexus. Instead, the National Association for the Deaf (NAD) pursued the accessibility under the Americans with Disabilities Act (ADA) of a "website only" firm with no real-world presence ' Netflix.
Refining the Pleading Requirements for Patent Infringement
In <i>In Re Bill of Lading Transmission and Processing System Patent Litigation</i>, the Court of Appeals for the Federal Circuit held that Form 18 of the Federal Rules of Civil Procedure governs the required specificity when pleading direct patent infringement.
Much Ado About Standards of Review (But Not All That Much About AdWords)
While on the surface the <i>Rosetta Stone</i> opinion might seem to be a public rebuke of the merits of Google's AdWords program, on closer scrutiny it is clear that the Fourth Circuit's opinion is more properly read as a reprimand of the district court, which, according to the Fourth Circuit, improperly mixed its standards of review and made a hash of the functionality doctrine in the process.
Social Media Data Preservation
The emerging requirements for preservation solutions have created a two-fold need: identifying process solutions and the technology to support them. Fortunately, the market has seen growth in offerings aimed at meeting social media preservation strategies. This article explores some of these developments and provides a set of basic considerations to evaluate when assessing the technology.
Features
The Community Income Reporting Rule
How to achieve equitable relief under I.R.C. ' 66(c).
Litigators Get (Anti-) Social in the Crusade For Brand Protection
As networkers blog about everything from the banal to the ridiculous, sifting through the social media landscape for brand protection intelligence can seem like a task of Herculean proportions. While some postings are retweeted like wildfire, garnering global exposure, others sit buried and largely unread. However, if brand owners get it right, they are sitting on a gold mine of information.
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Enforcement Remedies to Combat Default
Unfortunately, the role of attorneys does not end with the entry of a divorce judgment. They are frequently faced with client requests to enforce their rights to receive the assets and/or support awarded in the judgment.
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Best Practices for ERISA ' 408(b)(2) Compliance
To achieve the goals of the new ERISA laws, participants and sponsors will have access to more information which will increase the responsibility of plan sponsors to act upon the information received.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›