Social media is no longer a new phenomenon. Yet, the development of business rules governing the long-term retention of social media content in the ordinary course of business as well as the legal precedent governing the preservation of social media for litigation remain in their infancy.
Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.
There are two aspects to the law in New York ' one prohibiting prosecutors or others from compelling one spouse to testify against the other, and the other permitting a spouse to preclude the testimony even of a willing witness spouse. It is this second potion of the law that we will be concerned with.
The Millennial Generation (born from 1981-2000) have been entering the workforce for more than a decade now. Baby Boomer and Generation X leaders are sometimes perplexed with this tech-savvy, multi-tasking and ambitious group of professionals.
The Uniform Law Commission, also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL), is currently working on a number of family law-related acts of interest to family law practitioners. One of the most significant is the Uniform Premarital and Marital Agreements Act (UPMAA).
The questions for those who want to explore and conquer the expanding universe of social media are where to begin and how to be productive in doing so.
Although neither service providers nor content providers can claim a complete victory, the Second Circuit's <i>Viacom</i> opinion represents a pragmatic, middle-of-the-road solution to several issues at the heart of the new user-centered Internet experience.
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 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?
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.
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.
