'You're Fired!'
A future observer of the reality shows that seem to be the only thing on television today might think that people of the 21st century lived to fire people. But people forced to do the same task in business find no such joy in having to dismiss a business leader, especially when the person being dismissed is the founder of the company ' the visionary who built it from scratch.
Features
Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns
This article concentrates on the scope of Communications Decency Act(CDA) immunity advertisers that operate user-generated content (UGC) campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
Case Briefs
Highlights of the latest insurance cases from around the country.
Authentication of Social Media Evidence
More and more, parties are attempting to introduce social networking communications into evidence. Beyond other admissibility obstacles, such as hearsay or relevance, a piece of evidence must satisfy Fed. R. Evid. 901 (or the state equivalent), which applies in both civil and criminal proceedings, and mandates that the material offered is "authentic," or what the proponent claims it to be.
The Allocated Share Set-Off Rule: New York Enters the Debate
Until recently, New York courts — the venue for much of the seminal insurance law developed in the United States — had not directly weighed in on the allocated share set-off rule. Recently, however, a New York trial judge issued a partial summary judgment decision that expressly adopted the rule in the context of long-tail asbestos claims.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Features
Robert Bosch LLC v. Pylon Mfg. Corp.
<i>Robert Bosch LLC v. Pylon Mfg. Corp.</i>, is an important decision that abolishes the presumption of irreparable harm in the context of injunctive relief for patent infringement. The case is also important because the Federal Circuit instructs that courts must still consider "the fundamental nature of patents as property rights granting the owner the right to exclude" when determining whether to issue an injunction.
Can We Talk?
A newly expanded Patent Office program makes it easier to talk to the examiner prior to initial examination. The heart of the program is an "Examiner Interview" that takes place before the examiner issues a first official action, which allows the examiner and patent applicant to discuss the application, identify allowable patent claims, and shave months or years off of the time from filing of an application to receipt of an issued patent.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe 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.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- Removing Restrictive Covenants In New YorkIn 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?Read More ›
- The Stranger to the Deed RuleIn 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.Read More ›
- Warehouse Liability: Know Before You Stow!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.Read More ›